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JOURNAL  OF  TH€'l"i^jo;FBfli>ii^?aS;  , 
— OF  THE-—;        .V.  :•;  V 

fOISIITlillOMLiiill 

 OF  THE  

STATE  OF  FLORIDA, 

Wi  J  VEXED  A3P  THE  CAPITOL,  AT 

TALL^]lA>oEE,  01s  TuE::5DAY,  JU^^E  9,  1885. 


HON.  SAMUEL  PASCO, 

Of  •TK^  ^•KR^ox  CoUNTY. 

  / 


First  VicE-PKKsrDENT  :  S^-cond  Vice-Pbesiden'»-  ; 

HON.   J,   E.   YOISTQE.  HON".   J.   T.   L  K  =  1  v:  Y 

<  )F  ESiKUffBIA  UOUXT^  Of  HlLLSBOEOUGl 


Secretary: 
WM.  H.  REYi^OLDS, 
Of  Hamiltg>t  County. 


TALLAHASSEE,  FLA.! 
N.  M.  BOWEN,  STATE  PRINTER. 
1883. 


OF  THE 


COmTUTIOXAL  COXVEXTlOl 


The  people  of  the  State  of  Florida,  on  this,  the  9th  of  June, 

in  the  year  of  our  Lord  Eighteen  Hundred  and  Eighty-five, 

through  their  delegates  chosen  in  pursuance  of  an  act  of  the 

Legislature  of  the  State  of  Florida,  approved  Februar}^  12, 

1885,  entitled  an  act  calling  a  Constitutional  Convention, 

and  providing  for  electing  delegates   to  the  same,  assem- 

assembled  in  Convention  in  the  Hall  of  the  Assembly,  in  the 

Capitol  of  the  State,  in  the  city  of  Tallahassee,  and  thereupon, 

Ex-Gov.  L.  W.  Bethel  called  the  Convention  to  order. 

On  motion  of  Mr.  B.  F.  Oliveros.  of  St.  Johns,  Judge  A.  E. 
Maxwell,  of  Escambia,  was  elected  Temporary  Chairman,  who, 
upon  taking  the  chair,  addressed  the  Convention  as  follows  : 

Gentlemen  of  the  Convention  : 

I  thank  you  for  the  honor  you  have  done  me  in  placing  me 
here  to  preside  over  your  temporar}"  organization.  I  do  not 
know  that  propriety  or  custom  will  require  of  me,  or  will  justify 
more  than  this  acknowledgment ;  but  in  view  of  the  excep- 
tional nature  of  the  position  we  occupy  I  will,  with  your  in- 
dulgence, venture  a  few  words  further.  The  unusual  and  exceed- 
ing importance  of  the  work  before  us  can  be  estimated  by  the 
fact  that  we  are  the  delegates  of  the  people,  acting  in  their 


FIRST  DAY. 


TUESDAY,  June  9,  1885. 


4 


sovereign  capacity,  emphatically  delegates,  but  empowered  to 
construct  for  them  a  system  of  State  Government — a  Consti- 
tution— that  fundamental  frame  work  which  defines  rights  of 
persons  and  property  and  at  the  same  time  provides  an  organi- 
zation by  which  their  rights  are  to  be  secured,  protected  and 
defended.  I  trust  we  are  all  fully  impressed  with  the  heavy 
responsibilities  of  such  a  position,  and  that  we  will  not  permit 
ourselves  to  be  led  away  from  the  discharge  of  its  duties  by 
any  petty  personal  ambition  or  by  any  selfish  schemes.  The 
people  who  have  put  their  trust  in  us  feel  that  they  have  a 
guarantee  of  our  good  faith  in  their  behalf  and  of  our  devotion 
to  their  interest,  in  the  fellowship  which  ties  us  to  them  as 
being  ourselves  a  part  of  the  people  ;  and,  therefore,  entirely 
identified  with  them  in  the  desire  and  purpose  to  establish  such 
government  as  will  relieve  them  from  the  evils  of  the  present 
system,  and  ensure  to  them  and  their  posterity  the  blessings  of 
civil  and  religious  liberty. 

What  we  have  to  do  demands  of  us  not  only  good  faith  in 
the  interest  of  the  people,  but  also  good  faith  to  ourselves  in 
honest  and  diligent  application  of  our  powers  to  preparing  and 
presenting  for  approval  a  well-considered,  well-ordered  plan  of 
government — one  which  shall  be  best  adapted  to  the  conditions 
of  society  in  its  varied  aspects  throughout  the  State,  and  at 
the  same  time  best  adapted  to  secure  and  promote  the  general 
welfare  of  the  people  of  the  State  as  a  whole. 

In  this  country  in  our  day  there  is  little,  if  anything,  left 
for  discussion  as  to  the  cardinal  principles  of  government. 
These  are  settled.  Americans  have  no  further  occasion  to  do 
more  than  adjust  those  principles  to  practical  working  func- 
tions. 

All  are  agreed  that  in  the  people  resides  the  source  of  power  ; 
that  on  them  the  foundation  of  government  is  planted  ;  and 
that  their  voice  is  the  voice  of  sovereign  authority.  But  it  is 
also  agreed  that  as  all  persons  ate  not  wise,  nor  all  good,  there 
must  be  restrictions  and  limitations,  checks  and  balances,  by 
which  unwise  and  evil  dispositions  can  be  controlled.  As  to 
these  there  are  diversities  of  opinion, and  much,  probably  most, 
of  our  work  will  be  concerned  with  these.  However  that  may  be^ 
gentlemen,  let  us  go  at  business  in  that  large,  patriotic  spirit^ 
and  with  that  harmony  of  purpose  from  which  alone  can  come 
the  good  results  contemplated  in  the  calling  of  this  Conven- 
tion. But  I  desist,  that  we  may  now  proceed  to  a  permanent 
organization. 

On  motion  of  Mr.  J.  E.  Yonge,  of  Escambia,  Mr.  W.  H. 
Reynolds,  of  Hamilton,  was  requested  to  act  as  Secretary. 
Mr.  J.  W.  Malone,  of  Gadsden,  moved  that  the  Secretary  be 


5 


authorized  to  appoint  an  assistant  during  the  temporary 
organization  ; 

Whicli  was  agreed  to,  and  Col.  J.  G.  Gibbes,  of  Gadsden,  was 
appointed  such  assistant. 

Mr.  McClellan,  of  Jackson,  moved  that  a  committee  of  three 
be  appointed  to  wait  upon  Hon.  John  L.  Crawford,  Secretary 
of  State,  and  obtain  from  him  a  certified  copy  of  the  names  of 
the  delegates  elected  to  the  Convention,  which  was  agreed  to, 
and  Messrs.  McClellan,  Maloue  and  Wescott  were  appointed 
such  committee,  who,  after  a  brief  absence,  reported  that  the 
committee  had  performed  their  duty,  and  presented  to  the 
Convention  the  following  list : 


The  following  is  a  list  of  delegates  elect  to  the  Constitu- 
tional Convention  by  counties  and  districts  : 

Alachua— E.  C.  F.  Sanchez,  B.  J.  Earle,  R.  F.  Taylor,  J.  B. 
Johnston  and  W.  N.  Sheats. 

Baker — John  R.  Herndon,  district,  and  W.  L.  Hunter. 

Bradford— J.  C.  Richard,  W.  T.  Weeks  and  E.  L.  Odom. 

Brevard — Alexander  Bell,  district,  and  H.  L.  Parker. 

Calhoun — James  B.  Stone. 

Clay — Lewis  Wilson. 

Columbia— W.  M.  Ives,  W.  R.  Bush,  Joseph  M.  Tolbert  and 
John  W.  Tompkins. 

Dade— James  Wood  Davidson. 

Duval— E.  M.  Randall,  J.  C.  Greeley,  Philip  Walter,  T. 
V.  Gibbes  and  J.  R.  Challen. 

Escambia — A.  E.  Maxwell,  J.  E.  Yonge,  W.  A.  Blount  and 
E.  Whitmire. 

Franklin — W.  T.  Orman,  district,  and  Henry  C.  Hicks. 

Gadsden— E.  C.  Love,  district,  John  W.  Malone,  George  I. 
Davis  and  Norman  T.  Scott. 

Hamilton — Thomas  N.  Bell,  J.  P.  B.  Goodbread  and  Alex- 
ander Zipperer. 

Hernando — A.  S.  Mann,  John  Parsons  and  J.  A.  Hendley. 

Hillsborough — John  T.  Lesley,  J.  P.  Wall  and  S.  E.  Hope. 

Holmes — Wm.  F.  Green,  district,  and  John  Neel. 

Jackson— J.  F.  McClellan,  Thomas  E.  Clarke,  W.  H.  Milton 
and  J.  P.  'Coker. 

Jefferson — Samuel  Pasco,  Wallace  S.  Jones,  T.  L.  Clarke, 
S.  J.  Turnbull  and  R.  C.  Parkhill. 

Lafayette — ^W.  B.  Tedder,  district,  and  Paul  Hatch. 

Liberty — Lewis  D.  Carson. 


State  of  Florida, 
Office  Secretary  of  State, 
Tallahassee,  June  9,  1885. 


lJ«  Law  Li. 


6 


Leon — D.  S.  Walker,  Jr.,  district,  S.  B.  Conover,  W.  B. 
Carr,  J  W.  Mitchell  and  W.  F.  Thompson. 

Levy — E.  J.  Lutterloh,  J.  F.  Marshall  and  S.  L.  Carter. 

Marion— J.  D.  Goss,  H.  W.  Chandler  and  H.  E.  MilUer. 

Madison — Angus  Paterson,  B.  D.  Wadsworth,  W.  H.  Haus- 
man,  and  Theodore  Randall. 

Manatee — John  C.  Pelot. 

Monroe — L.  W.  Bethel,  Jeremiah  Fogarty  and  R.  A. 
Monsalvatge. 

Nassau — C.  W.  Lewis,  S.  Petty  and  H.  C.  Baker. 

Orange — King  Wylly,  J.  G.  Speer  and  W.  B.  Randolph. 

Polk— C.  C.  Wilson,  district,  and  J.  H.  Humphries. 

Putnam — W.  H.  Cook,  Irving  Gillis  and  Geo.  P.  Fowler. 

Santa  Rosa — J.  M.  Landrum,  R.  R.  Robertson  and  Hanni- 
bal Rowe. 

Sumter — W.  A.  Hocker,  H.  H.  Duncan  and  W.  M.  Bennett. 
Suwannee — J.  P.  Morgan,  district,  M.  M.  Blackburn  and  R» 
F.  Rogers. 

St.  Johns — F.  B.  Genovar,  John  Westcott  and  B.  F.  Oli- 
veros. 

Taylor — Robert  Henderson. 

Volusia — John  D.  Broome,  district,  an  I  A.  L.  Wellman. 
Wakulla — T.  F.  Swearingen,  district,  and  Amos  Hargret. 
Walton — A.  L.  McCaskill,  Daniel  Campbell  and  Obadiah 
Edge. 

Washington — A  D.  McKinnon. 

STATE   OF  FLORIDA,  ) 
Office  Secretary  of  State.  ) 

I,  Jno.  L.  Crawford,  Secretar}^  of  State,  do  hereby  certify 
that  the  foregoing  is  a  correct  transcript  of  the  original  now 
on  file  in  this  office. 

Given  under  my  hand  and  the  Great  Seal  of 
the  State  of  Florida,  at  Tallahassee,  the 
[l.  s.]  Capital,  this  9th  day  of  June,  A.  D.  1885. 

JNO.  L.  CRAWFORD, 

Secretary  of  State. 

On  motion  of  Mr.  McClellan  the  roll  was  called  by  counties, 
and  the  following  delegates  answered  to  their  names : 

Alachua— E.  C.  F.  Sanchez,  B.  J.  Earle,  R.  F.  Taylor,  J.  B. 
Johnston,  W.  N.  Sheats. 

Baker — John  R.  Herndon,  W.  T.  Hunter. 
Bradford— J.  C.  Richard,  W.  T.  Weeks,  E.  L.  Odom. 
Brevard — Alexander  Bell,  H.  L.  Parker. 
Calhoun — James  B.  Stone. 
Clay- — Lewis  Wilson. 


Columbia— W.  M.  Ives,  W.  R.  Bush.  Joseph  M.  Tolbert, 
John  W.  Tompkins. 

Dade — James  Wood  Davidson. 

Duval— E.  M.  Randall,  Philip  Walter,  T.  Y.  Oibbes,  J.  R. 
Challen. 

Escambia — A.  E.  Maxwell,  J.  E.  Yonge,  W.  A.  Blount.  E. 
Whitmire. 

Franklin — W.  T.  Orman.  Henry  C.  Hicks. 

Gadsden — E.  C.  Love.  John  W.  Malone.  G-eorge  I.  Davis, 
Norman  T.  Scott. 

Hamilton — Thomas  X.  Bell,  J.  P.  B.  G-oodbread,  Alexander 
Zipperer. 

Hernando — John  Parsons.  J.  A.  Hendlev. 
Hillsborough— John  T.  Lesley,  J.  P.  Wall. 
Holmes — William  F.  Green.  John  Xeal. 
Jackson— J.  F.  McClellan.  Thomas  E.  Clark.  W.  H.  Milton. 
J.  P.  Coker. 

Jefierson — Samuel  Pasco.  Y'allace  S.  Jones.  T.  L.  Clarke. 
S.  J.  Turnbull,  R.  C.  Parkhill. 

Lafayette— W.  B.  Tedder.  Paul  Hatch.  - 
Libertv — Lewis  D.  Carson. 

Leon-D.  S.  Walker.  Jr.,  S.  B.  Conover,  W.  B.  Carr.  J.  W. 
Mitchell,  W.  F.  Thompson. 

Levy — E.  J.  Lutterloh.  J.  F.  Marshall,  S.  L.  Carter. 
Marion— H.  W.  Chandler,  J.  D.  Goss. 

Madison — Angus  Paterson,  B.  D.  Wadsworth.  W.  H.  Haus- 
man,  Theodore  Randall. 
Manatee — John  C.  Pelot. 

Monroe — L.  W.  Bethel,  Jeremiah  Fogarty,  R.  A.  Mon- 
salvatge. 

Nassau— L.  Petty.  H.  C.  Baker. 

Orange — King  Wvllv.  J.  G.  Speer,  W.  B.  Randolph. 

Polk— C.  C.  Wilson,^  J.  H.  Humphries. 

Putnam — W.  H.  Cook.  Irving  Gillis.  George  P.  Fowler. 

Santa  Rosa — J.  M.  Landrum,  R.  R.  Robertson,  Hannibal 
Rowe. 

Sumter — H.  H.  Duncan,  W.  M.  Bennett. 

Suwannee — J.  P.  Morgan,  M.  M.  Blackburn.  R.  F.  Rogers. 

St.  Johns — F.  B.  Genovar.  John  Westcott.  B.  F.  Oliveros. 

Taylor — Robert  Henderson. 

Yolusia — John  D.  Broome.  A.  L.  Wellman. 

Wakulla — T.  F.  Swearinoren,  Amos  Hargret. 

Walton— A.  L.  McCaskifl.  Daniel  Campbell.  Obadiah  Edge. 

Washington — A.  D.  McKinnon. 

The  temporary  chairman  announced  a  quorum  present. 
Mr.  Landrum  moved  that  the  delegates  present  be  sworn  in. 


8 


Mr.  McClellan  moved  to  lay  the  motion  upon  the  table  ; 
Which  was  agreed  to. 

Mr.  Green  moved  that  a  temporary  sergeant-at-arms  be  ap- 
pointed ; 

Which  was  agreed  to,  and  Mr.  J.  J.  Thompson  was  appointed 
temporary  sergeant-at-arms. 

The  chairman  announced  that  the  permanent  organization 
of  the  Convention  was  now  in  order. 

Judge  E.  C.  Love,  of  Gadsden,  nominated  Hon.  Samuel 
Pasco,  of  Jefferson,  for  permanent  President  of  the  Conven- 
tion. 

Judge  E.  M.  Randall,  of  Duval,  moved  that  the  nomination 
be  made  unanimous  ; 
Which  was  agreed  to. 

Dr.  S.  B.  Conover,  of  Leon,  moved  that  the  roll  be  called  in 
order  to  show  the  vote ; 
Which  was  agreed  to. 
The  vote  was : 

For  Pasco — ^Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Carter  Carr,  Carson,  Challen,  Chandler,  Clark  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogartj^,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goodbread,  Goss,  Green,  Hargret,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks  Hum- 
phries, Ives,  Johnston,  Jones,  Landrum,  Lesley.  Love, 
Lutterloh,  Malone,  Marshall,  Maxwell,  Milton,  Mitchell^ 
Montsalvatge,  Morgan,  McCaskill,  McCellan,  McKinnon, 
Neal,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons, 
Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randall  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Thompson,Tolbert  Tompkins,Turnbull,  Wads  worth.  Walker,  Jr. 
Wall,  Walter,  Weeks,  Wellman,  Westcott,  Whitmire,  Wilson 
of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 102. 

The  Hon.  Samuel  Pasco  having  received  all  of  the  votes 
present,  was  declared  unanimously  elected  President  of  the 
Convention. 

Judge  Randall  of  Duval,  and  Col.  McClellan  of  Jackson, 
were  appointed  a  committee  to  escort  the  President  elect  to 
the  chair,  which  being  done,  the  President,  upon  taking  the 
chair,  addressed  the  Convention  as  follows  : 

We  have  assembled  here  in  obedience  to  the  will  of  the  peo- 
ple of  Florida,  publicly  expressed  at  the  ballot-box,  for  the 
purpose  of  making  an  entire  revision  of  the  Constitution  of 
this  State. 


9 


The  duties  which  devolve  upon  us  are  of  such  vast  import- 
ance that  a  contemplation  of  them  must  impress  upon  each  one 
a  profound  sense  of  responsibility. 

For  a  long  time  there  has  been  dissatisfaction  with  our 
present  fundamental  law.  This  feeling  has  found  expression 
in  five  successive  Legislatures,  fresh  from  the  people.  At  the 
general  election  of  1SS4.  which  called  out  more  voters  than  ever 
before  appeared  at  the  polls  in  this  State.  31.S-4  voted  in  favor 
of  this  revision,  while  only  8,473  put  them-elves  on  record 
against  it.  Obedient  to  this  expression  of  the  popular  will, 
and  pursuant  to  the  forms  and  requirements  of  our  organic 
law.  the  Legislature  provided  for  the  assembling  of  this  Con- 
vention, and  the  work  of  revision  has  been  entrusted  to  this 
body  of  delegates. 

The  original  Constitution  of  Florida  was  made  at  St.  Joseph 
in  1838  and  1839,  a  few  years  before  she  was  admitted  into  the 
Union,  by  a  Convention  which  included  many  eminent  citizens 
whose  names  adorn  the  histor}'  of  our  State.  With  some  few 
amendments  it  lasted  till  1861.  when  the  Convention  which 
passed  the  Ordinance  of  Secession  assembled.^  This  Conven- 
tion made  some  few  changes  in  the  St.  Joseph  Constitution  to 
adapt  it  to  the  new  relation  which  the  State  assumed  towards 
the  Confederate  G-overnment,  and  in  its  changed  form  it  lasted 
till  the  close  of  the  late  war. 

In  1865.  under  the  plan  of  reconstruction  inaugurated  bv 
President  Johnson,  another  Convention  was  held  "  to  amend, 
alter  or  change  the  Constitution."  But  though  the  work  of 
this  body  was  in  harmony  with  the  President's  plan  and  met 
with  his  approval,  it  was  subsequently  overthrown  by  the  ac- 
tion of  Congress,  and  the  State  remained  under  militarv  con- 
trol till  1868,  when  the  present  Constitution  was  formed  and 
under  it  Florida  resumed  her  relations  with  her  sister  States 
in  the  American  Union. 

The  present  is  an  auspicious  time  for  entering  upon  the  work 
of  revision.  The  passions  engendered  by  the  late  war  have 
cooled ;  the  Union  is  firmly  restored  and  permanently' 
established :  the  people  have  become  accustomed  to 
their  new  political  relations :  those  to  whom  the  right  of 
sufi'rage  was  extended  b^'the  reconstruction  acts  are  learning 
to  discharge  the  duties  of  citizenship  with  judgment  and  in- 
telligence :  the  iniportance  of  educational  progress  was  never 
more  generally  realized  ;  the  great  work  of  internal  improve- 
ment is  extending  to  every  portion  of  the  State,  and  our  won- 
derful resources  are  being  constantly  and  industriously  devel- 
oped. 

If  our  legislation  is  based  upon  a  liberal  policy  and  shaped 


10 


by  prudent  and  intelligent  action  the  advancement  of  our 
State  will  continue,  and  as  her  material  interests  are  developed 
and  strengthened  the  welfare  and  happiness  of  the  people  will 
be  increased  by  her  moral  and  social  progress  and  the  encour- 
agement of  all  those  elements  which  make  a  State  truly  great 
and  prosperous.  And  let  us  remember  that  mere  partisanship 
has  no  place  here  and  should  not  prevail  in  our  councils.  The 
new  instrument  should  be  broad  enough  to  cover  our  entire 
population.  It  should  clearly  recognize  the  changes  made  in 
the  National  Constitution.  It  should  not  be  framed  merely 
with  a  view  to  political  advantage.  It  should  protect  all  and 
secure  even  to  the  humblest  his  political  rights  and  personal 
liberty  without  reference  to  nationality.  But  as  the  political 
party  by  whose  action  this  Convention  has  been  called,  and 
which  is  represented  here  by  a  majority  of  our  membership, 
will,  to  a  certain  extent,  be  held  responsible  for  any  mistakes 
that  may  be  committed,  the  members  of  this  party  may 
properly  insist  that  the  new  Constitution  is  framed  in  accord- 
ance with  their  views  of  governmental  policy. 

But  all  our  differences  will  not  be  on  party  lines.  Many  of 
us  may  find  that  we  have  to  surrender  cherished  views  and 
favorite  ideas  upon  some  points.  A  conclusion  can  perhaps 
be  reached  only  by  mutual  concessions.  The  history  of  the 
past  teaches  such  lessons  as  these.  We  should  be  content 
with  the  greatest  good  for  the  greatest  number  if  we  cannot 
get  what  we  believe  to  be  the  best  for  all.  It  ought  to  be 
borne  in  mind  that  our  organization  has  been  the  result  of 
years  of  continuous  effort,  and  that  the  Convention  is  an  ex- 
pensive burden  to  the  State.  If  our  labors  fail — if  we  frame 
an  instrument  that  does  not  satisf3^  the  people,  the  time  and 
money  embarked  in  this  work  will  be  lost,  and  for  years  to 
come  the  public  mind  will  be  disturbed  by  new  attempts  to 
bring  about  what  we  came  here  to  do  and  failed  to  accomplish. 
We  must  all  remember  that  we  are  here  representing  not  a 
political  party,  not  a  single  county,  not  a  mere  belt  or  section, 
but  the  entire  State,  the  wants  and  interests  of  a  whole  peo- 
ple diversified,  and  sometimes  apparently  antagonistic  in 
different  sections,  but  capable  of  being  wrought  into  harmony 
and  unity  if  we  exclude  selfishness  and  are  governed  by  con- 
servative and  patriotic  influences. 

A  high  and  solemn  trust  has  been  imposed  upon  us ;  the 
eyes  of  the  people  are  upon  us  to  see  how  we  discharge  it. 
Let  us  act  diligently,  intelligently,  without  selfishness,  without 
partisanship,  with  a  due  regard  for  each  other's  rights,  with  a 
determination  to  secure,  if  possible,  a  Constitution  that  will 
meet  the  wants  of  our  beloved  State  that  we  and  our  children 


11 


after  us  can  live  under  in  peace,  Ireedom.  security  and  pros- 
perity. 

You  have  bestowed  upon  me  the  highest  office  in  your  gift. 
I  accept  it.  I  appreciate  it.  In  after  j-ears  I  shall  reflect  with 
pleasure  and  satisfaction  upon  this  proof  of  your  good  will  and 
confidence.  Be  assured  that  I  will  endeavor  to  discharge  my 
duties  as  3^our  President  faithfully  and  impartially,  and  that  I 
will  exert  myself  in  every  way  that  I  can  to  bring  the  labors 
of  the  Convention  to  a  favorable  and  satisfactory  conclusion. 

The  President  announced  the  election  of  a  Secretar}'  to  be 
in  order. 

Col.  J.  F.  McClellan,  of  Jackson,  nominated  Wm.  H  Rey- 
nolds, of  Hamilton,  for  Secretary. 

Mr.  H.  C.  Baker,  of  Xassau,  moved  that  the  nomination  be 
made  unanimous  ; 

Which  was  agreed  to.  and  Wm.  H.  Reynolds  wastleclared 
duly  elected  Secretary  of  the  Convention. 

Mr.  R.  F.  Taylor,  of  Alachua,  nominated  Mr.  J.  J.  Thomp- 
son, of  Alachua,  for  segeant-at-arms. 

Mr.  J.  W.  Tompkins,  of  Columbia,  moved  that  the  nomina- 
tion be  made  unanimous  : 

Which  was  agreed  to.  and  Mr.  .J.  J.  Thompson  was  declared 
duly  elected  sergeant-at-arms  of  the  Convention. 

Mr.  J.  E.  Yonge,  of  Escambia,  nominated  Mr.  G.  W.  Hin- 
se}',  of  Franklin,  for  door  keeper  of  the  Convention. 

Mr.  Orman,  of  Franklin,  moved  to  make  the  nomination 
unanimous  ; 

Which  was  agreed  to,  and  Mr.  Gr.  W.  Hinsey  was  declared 
duly  elected  door  keeper  of  the  Convention. 

Dr.  Conover  moved  that  the  officers  elect  be  sworn  in; 

Which  was  agreed  to,  and  Judge  A.  E.  Maxwell  adminis- 
tered the  oath  to  the  following  officers  to  wit : 

Mr.  W.  H.  Reynolds,  Secretary. 

Mr.  J.  .J.  Thompson.  Seargeant-at-Arms. 

Mr.  Gr.  W.  Hinsey,  Doorkeeper. 

Hon.  J.  E.  Yonge,  of  Escambia,  otfered  the  following  : 

Mr.  President:  I  rise  at  this  time  to  suggest  to  this  Conven- 
tion that  the  people  of  the  State  of  Florida,  through  the  mem- 
bers of  this  body  render  a  most  proper  tribute  of  respect  and 
sympathy  to  our  most  worthy  Chief  Magistrate  in  this  hour 
of  his  great  domestic  affliction.  On  Sunday  last  the  hand  of 
death,  though  guided  by  an  all  wise  Providence,  was  laid 
heavily  upon  his  household  and  bore  away  a  daughter,  lovely 
and  well  beloved.  Having  just  arrived  at  the  estate  of 
womanhood,  she  was  the  pride  alike  of  parents  and  friends. 

I  know  full  well,  Mr.  President,  that  we  can  not  in  this  public 


12 


way  fitly  touch  a  subject  so  tender  and  so  full  of  a  sorrow 
sacred  at  home,  yet  I  desire  to  move  that  this  Convention,  on 
behalf  of  the  people  of  Florida,  tender  to  Governor  Perry,  and 
to  his  family,  a  most  sincere  sympathy  in  their  grief,  and  as 
a  further  mark  of  respect,  that  this  Convention  do  now  ad- 
journ until  to-morrow  morning  at  ten  o'clock  ; 

Which  was  adopted,  and  the  Convention  adjourned  until  10 
o'clock  a.  m.  to-morrow. 


SECOND  DAY. 


WEDNESDAY,  June  10,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount, 
Broome,  Bush,  Campbell,  Carr,  Challen,  Chandler,  Clark  of 
Jackson,  Coker,  Corover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Green,  Hausman,  Hendley,  Henderson,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  John- 
ston, Jones,  Landrum,  Lesley,  I^ewis,  Love,  Lutterloh,  Ma- 
lone,  Marshall.  Maxwell,  Miller,  Milton,  Miitchell,  Monsal- 
vatge,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Petty,  Randall  of  Duval,  Randall  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearina^en,  Taylor,  Tolbert,  Tompkins,  Turnbull,  Wads- 
worth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Whit- 
mire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer-^ — 96. 

A  quorum  present. 

Prayer  by  Rev.  R.  F.  Rogers,  of  Suwannee  county. 

On  motion  of  Mr.  Orman  the  reading  of  the  Journal  was 
dispensed  with. 

The  Journal  was  corrected  by  inserting  after  the  word  pur- 
suance, the  following  : 

Of  an  act  of  the  Legislature  of  the  State  of  Florida,  ap- 
proved February  12,  1885,  entitled  an  act  calling  a  Constitu- 


13 


tional  Convention  and  providing  for  electing  delegates  to 
same. 

Mr.  McClellan  offered  the  following  : 

Resolved^  That  the  standing  committees  of  this  Conven- 
tion be  as  follows : 

1.  A  Committee  on  the  Preamble,  Declaration  and  Bill  of 
Rights. 

2.  A  Committee  on  the  Executive  Department. 

3.  A  Committee  on  the  Legislative  Department. 

4.  A  Committee  on  the  Judicial  Department. 

5.  A  Committee  on  the  Right  of  Suffrage  and  Qualification 
of  Officers. 

6.  A  Committee  on  Civil  Officers  and  Removal  of  Officers. 
T.  A  Committee  on  Impeachment  of  Officers. 

8.  A  Committee  on  Taxation  and  Revenue. 

9.  A  Committee  on  Census  and  Apportionment  of  Repre- 
sentation. 

10.  A  Committee  on  Education. 

11.  A  Committee  on  Incorporation. 

12.  A  Committee  on  Boundaries. 

13.  A  Committee  on  City,  Town  and  Municipal  Corpora- 
tions. 

14.  A  Committee  on  the  Seat  of  Grovernment. 

15.  A  Committee  on  Homestead  and  Exemptions. 

16.  A  Committee  on  Engrossing  and  Enrollment. 

17.  A  Committee  on  Printing. 

And  he  it  further  resolved^  That  the  Committee  on  the 
Judicial  Department,  the  Committee  on  Taxation  and 
Revenue,  and  the  Committee  on  Census  and  Apportionment, 
shall  consist  of  thirteen  members  each,  and  that  all  other 
Committees  shall  consist  of  seven  members,  and  that  all  of 
said  Committees  shall  be  appointed  by  the  President  of  this 
Convention. 

Mr.  Walker  offered  the  following : 

Whereas^  This  Convention  is  vested  with  the  power  to  make 
an  entire  revision  of  the  Constitution  of  Florida,  and  such 
power  of  revision,  through  tlje  wise  policy  of  our  institutions, 
is  without  prescribed  limit;  and  this  Convention  is  to  look  to 
the  Constitution  of  the  United  States  and  the  genius  of  our 
institutions  fir  the  limits  within  which  it  must  act  in  forming 
an  organic  law ;  and  it  is  wise  at  the  beginning  of  our  delibera- 
tions to  prescribe  a  method  of  action  which  will  at  least  have 
an  influence  to  guide  our  counsels  in  the  direction  of  conserv- 
ative action  ;  and  it  is  expedient  for  the  necessar}^  changes  in 
the  Constitution  of  Florida  to  be  made  by  amendment  thereto  ; 


14: 


and  many  doubtful  parts  of  the  Constitution,  which  it  may  not 
be  found  necessary  to  change,  have  been  construed  by  the 
Supreme  Court ;  and  where  there  exists  a  difference  in  lan- 
guage there  may  arise  a  difference  in  construction  ;  therefore 
be  it 

Be-^olved,  1.  That  the  Constitution  which  shall  be  drafted  by 
this  Convention  should  accord  in  style  and  language  with  the 
existing  Constitution,  as  near  as  may  be  consistent  with 
changes  found  necessary  upon  a  complete  revision  of  the  exist- 
ing Constitution. 

Resolved^  2.  That  eighteen  committees  be  appointed  by  the 
President  for  the  purpose  of  revising  the  Constitution  and 
suggesting  amendments  thereto,  and  that  to  one  of  said  com- 
mittees be  referred  the  preamble  and  declaration  of  rights,  and 
to  each  of  the  other  committees  be  referred  a  separate  article 
of  the  Constitution,  and  that  said  committees  be  directed  to 
report  to  this  Convention  such  amendments  as  shall  be  by 
them  respectively  agreed  upon,  and  that  no  other  committees 
be  appointed  with  duties  which  shall  appertain  to  the  duties 
imposed  upon  the  committees  to  be  appointed  under  this  reso- 
lution, but  that  all  matters  arising  relating  to  the  revision  of 
the  Constitution  be  referred  to  an  appropriate  committee 
herein  provided  for. 

Mr.  Oliveros  moved  that  the  reading  of  the  resolution  be 
laid  over  until  an  organization  be  completed  ; 

Which  was  not  agreed  to,  and  Mr.  McCaskill  called  for  the 
reading  of  the  resolution. 

The  resolution  offered  by  Mr.  McClellan  was  then  read  for 
information. 

The  resolution  offered  by  Mr.  Walker  was  also  read  for  in- 
formation. 

On  motion  of  Mr.  Oliveros,  the  Convention  proceeded  to 
complete  its  organization. 

Mr.  Conover  moved  that  the  Convention  adopt  the  rules  of 
the  last  General  Assembly  with  exception  of  Rule  53. 

Mr.  Marshall  offered  the  following  as  a  substitute : 

Resolved^  That  a  committee  of  nine,  of  which  the  President 
of  the  Convention  shall  be  ex  officio  chairman,  be  appointed  to 
consider  and  report  rules  for  the  government  of  this  Conven- 
tion, and  that  until  this  committee  report,  the  Convention  shall 
be  governed  by  the  rules  of  the  House  Representatives^  so  far 
as  the  same  are  applicable,  with  exception  of  Rule  53  ; 

Which  was  read  and  adopted. 

Mr.  Taylor,  offered  the  following  : 

Resolved  by  the  Convention,  That  the  President  be  author- 


15 


ized  to  appoint  a  stenographer  to  take  down  all  the  proceed- 
ings of  this  Convention,  with  such  pay  as  may  be  tixed  by  the 
Committee  on  Expenditures,  and  that  such  stenographer  be 
sworn  faithfully  to  discharge  the  duties  of  his  office  before 
entering  thereon. 

Mr.  Orman  moved  to  lay  the  resolution  on  the  table. 

The  yeas  and  nays  were  called  for  by  Messrs.  Baker  and 
Chandler. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade.  Bennett,  Bethel, 
Blackburn,  Campbell,  Carter,  Clark  of  Jackson,  Coker,  Cook, 
Davis,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Grillis,  Green, 
Hatch,  Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hope, 
Humphries,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Lut- 
terloh,  Malone,  Marshall,  Milton,  Monsalvatge,  Morgan,  McCas- 
kill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Madi- 
son, Randolph,  Richard,  Rowe,  Scott,  Speer,  Stone,  Swearin- 
gen.  Tedder,  Turnbull.  Wadsworth.  Weeks,  Wellman,  Wilson 
of  Clay  and  Wylly— 65. 

Nays — Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton,  Blount, 
Bush,  Carr,  Ohallen,  Chandler,  ConoA^er,  Davidson,  Duncan, 
Gibbs,  Goodbread,  Goss,  Greeley,  Hargret,  Hocker,  Hunter, 
Lewis,  Maxwell,  Miller,  Mitchell,  Petty,  Randall  of  Duval, 
Sanchez,  Sheats,  Taylor,  Thompson,  Tolbert,  Tompkins,  Walker, 
Jr.,  Wall,  Walter,  Whitmore,  Wilson  of  Polk  and  Manatee, 
Yonge  and  Zipperer — 37. 

So  the  motion  to  lay  on  the  table  prevailed. 

Mr.  Rogers,  of  Suwannee,  offered  the  following  : 

Resolved^  That  the  permanent  organization  of  the  Conven- 
tion be  completed  by  the  election  of  one  Assistant  Secretary, 
one  Assistant  Sergeant-at-Arms,  one  Reading  Clerk,  two  Mes- 
sengers, one  Engrossing  and  Enrolling  Clerk,  and  one  Record- 
ing Clerk  ; 

Which  was  adopted. 

Mr.  Chandler  moved  to  insert  after  the  words  Assistant  Sec- 
retary, ''provided  that  he  shall  be  an  experienced  steno- 
grapher 

Which  was  not  agreed  to. 

Mr.  Rogers  nominated  D.  M.  McAlpin,  of  Suwannee,  for  As- 
sistant Secretary. 

Mr.  Oliveros,  of  St.  Johns,  moved  that  Mr.  McAlpin  be  de- 
clared unanimousl}^  elected  ; 

Which  was  agreed  to. 

Mr.  Yonge,  of  Escambia,  nominated  Mr.  J.  Calloway,  of 
Jackson  county,  for  Assistant  Sergeant-at-Arms. 


16 


Mr.  Tompkins,  of  Columbia,  moved  to  make  the  election  of 
Mr.  Calloway  unanimous  ; 
Which  was  agreed  to. 

Mr.  Lesley,  of  Hillsborough,  nominated  G.  A.  K.  Stevens,  of 
Polk,  for  Reading  Clerk. 

Mr.  Genovar,  of  St.  Johns,  moved  to  make  the  election  of 
Mr.  Stevens  unanimous  ; 

Which  was  agreed  to. 

Mr.  Paterson,  of  Madison,  nominated  G-eorge  Dice,  of  Madi- 
son, for  Messenger. 

Mr.  Fowler,  of  Putnam,  moved  to  make  the  election  of  Mr. 
Dice  unanimous  ; 

Which  was  agreed  to. 

Mr.  Hicks,  of  Franklin,  moved  to  postpone  the  election  of 
the  other  messenger  until  to-morrow. 
The  yeas  and  naj^s  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Blackburn,  Clark  of  Jackson,  Coker,Conover,  Davidson,  Davis, 
Earle,  Genovar,  Goodbread,  Hatch,  Hausman,  Hendley,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Johnston, 
Jones,  Landrum,  Love,  Lutterloh,  Malone,  Milton,  Morgan, 
Odom,  Oliveros,  Orman,.  Parker,  Parkhill,  Parsons,  Paterson, 
Randall  of  Madison,  Richard,  Rogers,  Rowe,  Sanchez,  Scott, 
Stone,  Taylor,  Tedder,  Tolbert,  Turnbull,  Wadsworth,  Weeks,. 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  and  Wylly — 50. 

Naj^s — Messrs.  Baker,  Bennett,  Bethel,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Challen,  Chandler,  Cook, 
Duncan,  Edge,  Fogarty,  Fowler,  Gibbs,  Gillis,  Greeley,  Green, 
Hargret,  Ives,  Lesley,  Lewis,  Marshall,  Maxwell,  Miller, 
Mitchell,  Monsalvatge,  McCaskill,  McClellan,  McKinnon, 
Neel,  Petty,  Randall  of  Duval,  Randolph,  Sheats,  Speer, 
Swearingen,  Thompson,  Tompkins,  Walker,  Jr.,  Wall,  Walter, 
Wellman,  Whitmire,  Yonge,  and  Zipperer — 49. 

So  the  motion  to  postpone  the  election  of  the  other  messen- 
ger until  to-morrow  prevailed. 

Mr.  Challen  moved  that  the  election  of  Engrossing  and  En- 
rolling Clerk  be  deferred  until  after  the  reports  of  the  standing 
committees  are  received. 

Mr.  Hicks  moved  to  lay  the  motion  on  the  table 

The  yeas  and  nays  were  called  for  by  Mr.  Chandler,  of 
Marion,  and  Mr.  Baker,  of  Nassau. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Bush,  Campbell,  Carter, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 


17 


Duncan.  Earle,  Edge,  Fogarty.  Genovar,  Gillis,  Goodbread. 
Green,  Hatch.  Hausman,  Hendlej',  Henderson,  Herndon, 
Hicks,  Hooker,  Hope.  Humphries,  Hunter,  Ives,  Johnston, 
Jones,  Landrum,  Lesle}',  Love,  Lutterloh,  Malone,  Marshall, 
Maxwell,  Milton,  Monsalvatge,  Morgan,  McClellan,  Xeel, 
Odom,  Oliveros,  Orman.  Parker,  Parkhill,  Parsons,  Paterson, 
Randall  of  Madison,  Randolph.  Richard,  Rogers,  Rowe, 
Sanchez.  Scott.  Sheats.  Speer.  Stone,  Swearingen.  Tajdor. 
Tedder,  Tolbert,  Turnbull.  Wadsworth.  Wall,  Weeks,  Well- 
man,  Whitmire,  Wilson  of  Cla-.-,  Wilson  of  Polk  and  Manatee, 
Wylly.  Yonge  and  Zipperer — 80. 

Xays — Messrs.  Baker,  Carr,  Challen,  Chandler,  Fowler, 
Gibbs.  Goss,  Hargret,  Miller.  Mitchell,  McKinnon,  Randall  of 
Duval.  Thompson.  Tompkins  and  Walter — 15. 

So  the  motion  to  lay  on  the  table  prevailed. 

Mr.  Lesle}'.  of  Hillsborough,  nominated  Milton  J.  Bryan,  of 
Hamilton  county,  for  Enrolling  and  Engrossino^  Clerk. 

Mr.  Thompson,  of  Leon,  nominated  Mr.  Charles  A.  Choate, 
of  Leon. 

Mr.  Choate's  name  was  withdrawn,  and  upon  the  motion  of 
Mr.  Milton,  of  Jackson,  the  election  of  Mr.  Bryan  was  made 
unanimous. 

Mr.  Weeks,  of  Bradford,  nominated  J.  C.  Clark,  of  Bradford, 
for  Recording  Clerk. 

Mr.  Thompson,  of  Leon,  nominated  Chas.  A.  Choate.  of 
Leon. 

The  roll  being  called  the  vote  was  : 

For  Clark— lh\  President.  Messrs.  Bell  of  Brevard  and 
Dade.  Bennett.  Bethel.  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Clark  of  Jackson.  Coker.  Conover,  Cook,  Davidson, 
Davis.  Duncan.  Earle,  Edge.  Fogarty.  Genovar,  Gillis,  Good- 
bread.  Green.  Hargret,  Hatch.  Hausman.  Hendle3\  Henderson. 
Herndon,  Hicks,  Hocker,  Hope.  Humphries,  Hunter,  Johnston, 
Jones.  Lesley,  Lewis.  Love.  Lutterloh,  Malone,  Marshall. 
Maxwell,  Milton,  ^lonsalvatge.  Morgan,  McCaskill  McClellan, 
McKinnon,  Xt-el,  Odom.  Oliveres.  Orman,  Parker.  Parkhill, 
Parsons,  Paterson,  Randall  of  Madison,  Randolph,  Richard. 
Rogers.  Rowe,  Sanchez.  Scott.  Sheats.  Speer.  Stone,  Swearin- 
gen,  Tavlor.  Tolbert.  Tompkins.  Turnbull,  Wadsworih, 
Walker,  jr..  Wall,  Weeks.  Wellman.  Whitmire.  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee.  Wylly.  Yonge  and  Zipperer — 83. 

For  Choate — Messrs.  Baker.  Carr.  Challen,  Chandler,  Fow- 
ler, Gibbs,  Greeley,  Landrum,  Miller  and  Thompson — 10. 

Mr.  Clark  was  declared  elected. 

On  motion,  the  officers  elected  were  sworn  ii.  by  Hon.  A.  E. 
Maxwell. 
2 


18 


Mr.  Walker,  of  Leon,  offered  the  following  resolution  : 
Eesolved,  That  a  committee  of  three  be  appointed  to  inform 
the  Governor  that  this  Convention  has  completed  its  organ- 
ization, and  at  all  times  invites  the  co-operation  of  the  State 
Government  in  aid  of  its  counsels. 

Mr.  Baker,  of  Nassau,  moved  to  proceed  to  the  election  of 
Passes. 

Mr.  Orman  moved  to  lay  the  motion  on  the  table; 
Which  was  agreed  to. 

Mr.  Bethel,  of  Monroe,  moved  to  adopt  the  resolution  offered 
by  Mr.  Walker,  of  Leon  ; 
Which  was  agreed  to. 

Mr.  Marshall,  of  Levy,  offered  the  following  : 

Resolved^  That  the  President  of  the  Convention  be  author- 
ized to  make  arrangements  looking  to  the  opening  of  the  morn- 
ing sessions  of  the  Convention  with  prayer;  and  that,  to  that 
end,  he  be  requested  to  invite  the  clergy  of  the  city  to  attend, 
one  each  day,  at  the  hour  of  the  assembling  of  the  Convention. 

Mr.  Yonge  offered  as  a  substitute  that  the  President  be 
authorized  to  engage  the  services  of  a  Chaplain  for  the  session. 

Mr.  Hicks,  of  Franklin,  offered  to  amend  the  substitute  by 
electing  a  Chaplain. 

The  amendment  to  the  substitute  was  lost. 

Mr.  Jones,  of  Jefferson,  moved  to  amend  by  requesting  the 
members  of  the  Convention  who  are  ministers  to  perform  the 
duties  of  Chaplain. 

Mr.  McKinnon,  of  Washington,  moved  to  lay  the  whole 
matter  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Speer,  of  Orange,  offered  the  following  resolution  : 
Resolved^  That  the  members  of  the  Convention  retire  from 
the  Hall  and  the  Secretary  shall  place  in  a  box  thirty-nine 
strips  of  paper,  having  on  each  strip  the  name  of  one  of  the 
counties  of  the  State  of  Florida,  and  as  each  piece  of  paper 
is  drawn  from  the  box  the  Secretary  shall  announce  the  name 
on  the  paper,  and  the  delegation  from  said  county  shall  select 
at  once  the  place  for  their  seats. 

Mr.  Mitchell,  of  Leon,  moved  to  lay  the  resolution  on  the 
table. 

Mr.  Speer  and  Mr.  Chandler  called  for  the  yeas  and  nays. 
The  roll  being  called,  the  vote  was : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Blackburn,  Bush, 
Campbell,  Carter,  Carr,  Challen,  Chandler,  Clark  of  Jackson, 
Coker,  Conover,  Cook,  Davis,  Duncan,  Earle,  Edge, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Green,  Hargret,  Hatch, 


19 


Hocker,  Hope,  Humphries,  Ives,  Landriim,  Lesley.  Lewis, 
Malone,  Maxwell,  Miller,  Mitchell,  Monsalvatge,  Morgan,  Mc- 
Caskiil,  McClellan,  McKiiinon,  Xeel,  Oliveros,  Orman,  Pelot, 
Kandall  of  Duval.  Rogers.  Rowe,  Sanchez,  Scott,  Stone, 
Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Wall,  Walter, 
Whitmire,  Wilson  of  Polk  and  Manatee,  and  Yono^e — 62. 

Nays— Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Ham- 
ilton, Blount,  Broome,  Davidson,  Gillis,  Goodbread, 
Goss,  Greeley.  Hausman,  Hendley,  Henderson,  Herndon, 
Hicks,  Hunter,  Johnston,  Jones,  Lutterloh,  Marshall,  Milton, 
Odom,  Parker,  Parkhill.  Parsons,  Paterson,  Randall  of  Madi- 
son, Richard,  Sheats,  Speer.  Swearingen,  TurnbuU,  Wads- 
worth,  Walker  Jr..  Weeks,  Wellman,  Wilson  of  Clay,  Wylly 
and  Zipperer — 38. 

So  the  motion  to  lay  on  the  table  was  carried. 

Mr.  Thompson,  of  Leon,  offered  the  following  : 

Resolved,  That  the  seats  now  occupied  by  delegates  be  their 
permanent  seats  during  the  session,  except  changes  made  by 
mutual  consent. 

Mr.  Swearingen  moved  to  lay  the  motion  on  the  table  ; 

Which  was  lost. 

Mr.  Maxwell  moved  as  a  substitute  the  following  : 
That  the  delegates  now  retire  from  their  seats,  and  that  the 
Secretary  prepare  slips  each  to  have  the  name  of  a  delegate, 
said  slips  to  include  all  delegates,  and  that  said  slips  be  placed 
in  a  box  or  hat  by  him  ;  and  it  shall  then  be  the  duty  of  the 
sergeant-at-arms  to  draw  said  slips  out,  one  at  a  time,  and  to 
announce  the  name  appearing  on  said  slip,  when  the  delegate 
-whose  name  appears  shall  select  a  seat  for  himself  in  this  hall 
which  he  shall  occupy  during  the  session  of  the  Convention  ; 
Which  was  adopted. 

Mr.  Randall  moved  to  amend  as  follows  : 

liesolved^  That  the  drawing  shall  be  as  follows  :  When  the 
name  of  a  delegate  from  any  county,  including  the  delegates 
from  any  Senatorial  District  residing  in  such  county,  shall  be 
drawn,  the  whole  delegation  from  the  count}^  including  Sena- 
torial delegates,  shall  be  admitted,  and  each  of  such  delegates 
may  select  his  permanent  seat  ; 

Which  was  adopted. 

Mr.  Baker  moved  to  la^-  the  whole  matter  on  the  table ; 
Which  was  not  agreed  to. 

Mr.  Miller  moved  that  the  whole  matter  be  referred  to  the 
Committee  on  Rules. 

Mr.  Swearingen  moved  to  lay  the  motion  on  the  table; 
Which  was  agreed  to. 


20 


Mr.  McClellan  moved  to  adopt  the  substitute  as  amended  and 
called  the  previous  question. 

The  previous  question  was  ordered  and  the  motion  agreed 
to. 

The  President  appointed  the  following  committee  to  wait 
upon  the  Governor,  to  wit  : 

Messrs.  Walker,  Maxwell  and  Randall,  of  Duval. 

Also  the  following  committee  on  rules,  to  wit : 

Messrs.  Bethel,  McClellan,  Oliveros,  McCaskill,  Malone, 
Marshall,  Speer,  Conover  and  Chandler. 

On  motion  of  Mr.  Miller,  the  Convention  adjourned  until 
10  o'clock  a.  m.  to-morrow. 


THIRD  DAY. 


THURSDAY,  June  11,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  delegates  answered  to 
their  names : 

Mr.  President.  Messrs.  Baker,  Bell  of  Brevard,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Carr,  Carson,  Challen  Chandler,  Clark  of 
Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan^ 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hendle}^,  Hen- 
derson, Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter^ 
Ives,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Ma- 
lone, Mann,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Mor- 
gan, McCaskill,  McLellan,  McKinnon,  Neel,  Odom,  Oliveros^ 
Orman,  Parkhill,  Parsons,  Paterson,  Randall  of  Duval,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Robertson,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Tay- 
lor, Tedder,  Thompson,  Tolbert,  Tompkins,  Turnbull,  Wads- 
worth,  Walker,  Wall,  Walter,  Weeks,  Wellman,  Westcott, 
Whitmire,  Wilson  of  Clay,  Wilson  of  Polk,  Wylly,  Yonge 
and  Zipperer. —  99. 

A  quorum  present. 

Prayer  by  Rev.  A.  C.  McCants. 

Mr.  Green  moved  that  the  reading  of  the  minutes  be  dis- 
peiibed  with ; 


21 


Which  was  agreed  to. 

The  JoLirnal  of  yesterday  was  corrected. 

On  motion  of  Mr.  Bethel.  Ur.  ^lonsalvatge  was  excused  for 
the  day  on  account  of  sickness. 

Mr.  Walker  oifered  the  following  memorial; 

Tallahassee.  Fla.,  June.  1885. 

To  the  Honorable,  the  Jlembers  of  the  Constitutional  Conven- 
tion, Tallahassee: 

The  Regents  of  the  L'niversit}'  of  Florida  most  respectfully 
memorialize  your  honorable  body  on  the  importance  of  pro- 
viding, in  the  revision  of  the  Gonstitution.  amply  for  the 
maintenance  of  the  State  University,  according  to  the  spirit  of 
the  old  Consrirution.  in  Section  2  of  Article  VIII.  and  the 
prescribing  more  distinctlA'  the  metho;!  by  which  the  endow- 
ment and  maintenance  shall  be  made.  If  this  is  to  be,  as 
seems  by  the  old  Constitution,  by  joint  use  of  the  common 
school  fuml.  then  this  should  be  better  specihed. 

Your  memorialists  respectfully  represent  the  great  impor- 
tance of  this  provision  to  the  highest  interests  of  the  State  in 
every  way.  and  refer  to  the  fact  that  the  sister  States  have  all 
made  ami3le  provision  for  their  sreat  Universities. 

J.  KOST.  Chancellor. 

J.  T.  Bernard.  Secretary. 

On  motion  of  Mr.  Conover.  the  memorial  was  ordered  printed 
in  the  Journal  and  referred  to  the  appropriate  committee. 

On  motion  of  Mr.  Lesley.  Mr.  Pelot  was  excused  on  account 
of  sickness. 

Mr.  Johnston  offered  the  following  resoludon  : 
Resolved,  That  the  Secretary  of  this  Convention  be  author- 
ized to  have  printed  two  tliousand  copies  of  each  day's  Journal 
for  the  use  of  the  members  until  otherwise  directed,  and  that 
the  State  Priater  shall  receive  such  compensation  therefor  as 
may  be  agreed  upon  in  the  manner  now  prescribed  by  law,  by 
agreement  with  the  Committee  on  Printing  ; 
Which  was  read. 

Mr.  Oliveros  moved  that  2,000  be  stricken  out,  and  1,000 
inserted. 

Mr.  Baker  moved  that  the  whole  matter  be  deferred  until 
to-morrow  morning  at  11  o'clock. 

Mr.  Walter  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to 

The  vote  was  then  taken  on  the  amendment  offered  by  Mr. 
Oliveros  : 

Which  was  not  agreed  to. 


22 


The  resolution  of  Mr.  Johnston  was  then  adopted. 
Mr.  Mann  offered  the  following  resolution : 

Whereas,  It  is  very  important  that  the  delegates  of  this  Con- 
vention should  have  constantly  before  them  all  matter  bearing 
upon  the  subject  to  be  considered  and  revised,  as  well  as  the 
higher  law  which  must  ever  govern  when  any  conflict  shall  oc- 
cur ;  therefore,  be  it 

Resolved,  That  the  Secretary  of  State  cause  to  be  printed 
for  the  use  of  this  Convention  the  Constitution  of  the  United 
States  with  all  amendments  thereto,  and  the  Constitution 
of  the  State  of  Florida  with  references  to  the  decision  of  the 
Supreme  Court  made  in  exposition  thereof,  and  all  action  had 
in  our  State  Legislature  calling  this  Convention,  with  such 
other  documents  as  may  be  deemed  advisable  by  a  committee 
of  three,  to  be  appointed  by  the  chair. 

Mr.  Oliveros  moved  to  lay  the  resolution  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Speer  offered  the  following  resolution : 

Whereas,  The  question  of  regulating  the  sale  of  liquors  in 
Florida  has  assumed  such  importance  that  it  must  be  consid- 
ered ;  therefore,  be  it 

Resolved.,  That  a  committee  of  seven  be  appointed  b}^  the 
President,  which  shall  be  one  of  the  standing  committees  of 
this  body,  to  whom  shall  be  referred  all  papers  and  petitions 
on  the  subject  of  temperance. 

Mr,  McClellan  moved  to  lay  the  resolution  on  the  table ; 
Upon  which  the  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Blount,  Bush,  Clark  of  Jackson,  Coker,  Con- 
over,  Fogarty,  Genovar,  Goodbread,  Hausman,  Hendley,  Hen- 
derson, Humphries,  Ives,  Jones,  Lesley,  Love,  Malone,  Max- 
well, Miller,  Milton,  McClellan,  Oliveros,  Parsons,  Paterson, 
Randall  of  Madison,  Richard,  Stone,  Taylor,  Tedder,  Tolbert, 
Turnbull,  Wadsworth,  Walter,  Wellman,  Westcott,  Whitmire, 
Wilson  uf  Polk  and  Manatee,  Yonge  and  Zipperer— 39. 

Nays — ,Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Broome, 
Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fowler,  Gibbs,  Gillis, 
Goss,  Greeley,  Green,  Hargret,  Hatch,  Herndon,  Hicks,  Hocker, 
Hope,  Hunter,  Johnston,  Landrum,  Lewis,  Lutterloh,  Mann, 
Marshall,  Mitchell,  Morgan,  McCaskill,  McKinnon,  Neal, 
Odom,  Orman,  Parker,  Parkhill,  Petty,  Randall  of  Duval,  Ran- 
dolph, Robertson,  Rogers,  Rowe,  Sanchez,  ScoLt,  Sheats,  Speer^ 


23 


Swearingen.  Thompson.  Tompkins,  Walker,  Jr..  Wall,  Weeks 
andWylly— 62. 

So  the  motion  to  lay  on  the  table  was  lost. 

The  vote  on  the  resolution  was  then  taken  and  the  resolu- 
tion was  declared  adopted. 

Mr.  McClellan  moved  that  hereafter  all  resolutions  offered 
be  read  for  information,  and  be  required  to  lay  on  the  table 
until  the  next  day  before  action. 

Mr.  Malone  moved  to  amend  by  excepting  all  resolutions 
referring  to  standing  committees  : 

Which  was  accepted,  and  the  resolution  was  agreed  to. 

Mr.  Mann  offered  the  following  : 

Eesoh:-d.  That  a  committee  of  five  be  appointed  b}'  the 
Chair  who  shall  confer  with  the  Secretary'  of  State  and  recom- 
mend for  publication  and  the  use  of  this  body  such  matter  as 
they  may  deem  important  as  a  guide  in  our  labors 

Which  was  laid  over  under  the  rule. 

Mr.  Marshall  offered  the  following  resolution  : 

Besolved.  That  a  committee  of  seven  be  appointed  by  the 
President  of  the  Convention  to  determine  what  committees 
are  necessarj^  to  the  transaction  of  the  business  of  the  Conven- 
tion, and  to  report  the  titles  and  functions  of  the  same,  and 
the  number  of  persons  of  which  each  shall  be  composed. 

Mr  Bennett  offere^i  the  following  resolutions  : 

Besol'ced,  That  in  order  to  expeditiously  and  efficiently 
transact  the  business  for  which  this  Convention  assembled, 
the  President  is  hereby  empowered  to  appoint  twelve  standing 
committees,  composed  of  seven  members  each ;  said  commit- 
tees shall  consider  and  report  upon  the  respective  subjects 
assigned  to  them,  to  wit : 

1.  Preamble  and  Declaration  of  Rights, 

2.  Legislative  Department. 

3.  Executive  Department. 

4.  Judiciary. 

5.  Suffrage  and  Elections. 

6.  Taxation,  Finance  and  Public  Debt. 
T.  Education. 

8.  Corporations,  Railroads,  Canals.  Insurance,  kc. 

9.  Public  Buildings  and  Institutions. 

10.  Homestead  and  Property  Exemptions. 

11.  Counties  and  County  Officers. 

12.  Miscellaneous  Provisions. 


Besolved,  That  each    of  the  foregoing  committees  shall 


24 


appoint  one  of  its  members  to  represent  it  on  a  committee  of 
revision  and  arrangement,  and  the  President  shall  appoint  not 
less  than  thirteen  members  in  addition,  and  to  said  committee 
shall  be  referred  the  accepted  reports  of  the  general  Standing 
Committees  for  revision  and  harmonious  arrangement. 

Resolved^  That  all  documents  presented  to  this  Convention 
containing  Constitutional  provisions  be  referred  to  appropriate 
committees  without  debate. 

Mr.  Mann  offered  the  following  resolutions  : 

Resolved^  That  the  standing  committees  shall  be  as  fol- 
lows : 

1.  Judiciary,  consisting  of  15. 

2.  Executive,  consisting  of  9. 

3.  Legislative,  consisting  of  9. 

4.  Electoral  and  Representative  Reform,  consisting  of  9. 

5.  The  Rights  of  Suffrage,  consisting  of  9 

6.  Education,  consisting  of  9. 

*7.  Municipal  Corporations,  consisting  of  9. 

8.  Railroads,  consisting  of  9. 

9.  Miscellaneous  Subjects,  consisting  of  9. 

10.  Revenue,  consisting  of  9. 

11.  Finance,  consisting  of  9. 

12.  Banks  and  Currency,  consisting  of  9. 

13.  State,  County  and  Municipal  Indebtedness,  consisting 
of  9. 

14.  Public  Accounts  and  Expenditures,  consisting  of  9. 

15.  Military  Affairs,  consisting  of  9. 

16.  Retrenchment  and  Reform,  consisting  of  9. 

17.  Counties,  consisting  of  9. 

18.  Township  Organization,  consisting  of  9. 

19.  Judicial  Circuits,  consisting  of  9. 

20.  Congressional  Apportionments,  consisting  of  9. 

21.  Legislative,  consisting  of  9. 

22.  Manufactories  and  Agriculture,  consisting  of  9. 

23.  State  Institutions  and  Public  Buildings,  consisting 
of  9. 

24.  Penitentiary  and  Reformatory  Institutions,  consisting 
of  9. 

25.  Bill  of  Rights,  consisting  of  9. 

26.  Federal  Relations,  consisting  of  9. 

27.  Future  Amendments,  consisting  of  9. 

28.  Internal  Improvement  Lands  and  Internal  Improve- 
ments, consisting  of  9. 

29.  Printing  and  Binding,  consisting  of  9. 

30.  Revision  and  Adjustment,  consisting  of  9. 
To  be  referred  to  committee  by  request. 


25 


Resolved^  That  the  Order  of  Business  shall  be  : 

1.  Reading  the  Journal. 

2.  Commuications  and  Presentation  of  Petitions. 

3.  Unfinished  Business  of  the  Previous  Day. 

4.  Reports  from  Standing  Committees. 

5.  Reports  from  Select  Committees. 

6.  Presentation  of  Resolutions  and  Propositions  to  Amend 
the  Constitution 

To  be  referred  to  proper  committee  b\'  request. 
Mr.  Turnbull  offered  the  following  resolution  : 
lle>:olrtd^  That  a  special  committee  of  five  be  appointed  by 
the  chair  to  receive  proposals  for  the  printing  of  the  Constitu- 
tional Convention,  said  committee  to  report  as  earl3^  as  possi- 
ble. 

Mr.  Maxwell  moved  that  the  resolution  offered  by  Mr.  Mar- 
shall, that  a  committee  of  seven  be  appointed  to  determine  the 
number  and  functions  of  committees  of  this  Convention,  be 
taken  up  : 

Which  was  agreed  to. 

Mr.  Malone  offered  to  amend  by  inserting  the  word  "stand- 
ing" before  the  word  committee. 

Mr.  Mann  offered  to  amend  b}'  making  the  number  9  instead 
of  7. 

Both  amendments  were  accepted. 

Mr.  Maxwell  moved  that  the  Convention  proceed  to  vote 
upon  the  resolution  as  amended,  and  called  the  previous  ques- 
tion. 

The  yeas  and  nays  were  called  for  by  Messrs.  Walker  and 
Conover. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carson,  Challen,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Edge,  Fogarty,  Fowler,  Genovar,  Gillis,  Groodbread,  Greeley, 
Green,  Hatch,  Hausman,  Hendley,  Henderson,  Herndon, 
Hicks,  Hocker,  Hope,  Humphries,  flunter,  Ives,  Jones,  Lan- 
drum.  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Milton,  Monsalvatge,  Morgan,  McCaskill,  McClellan,  McKin- 
non,  Xeel,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Pater- 
son,  Randall  of  Duval,  Randall  ot  Madison,  Randolph,  Rich- 
ard, Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Speer,  Stone, 
Swearingen,  Tedder,  Tolbert,  Tompkins,  Turnbull,  Wads- 
worth,  Wall,  Walter,  Weeks,  Wellman,  Westcott,  Whitmire, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wvlly  and 
Yonge— 84. 


2C 

Nays — Messrs.  Baker,  Carr,  Chandler,  Conover,  Earle, 
Gibbs,  Goss,  Hargret,  Johnston,Lesley,  Miller,  Mitchell,  Petty, 
Sheats,  Taylor,  Thompson  and  Walker,  Jr  —16. 

So  the  previous  question  was  ordered. 

The  resolution  as  amended  was  then  adopted. 

Mr.  McOlellan  offered  the  following  : 

Resolved^  That  all  resolutions  that  have  been  introduced 
before  this  Convention  on  the  subject  of  standing  committees, 
be  referred  to  the  committee  of  9  appointed  to  report  to  this 
Convention  what  standing  committees  are  necessary  to  trans- 
act the  business  of  this  Convention,  and  moved  its  adoption  ; 

Which  was  agreed  to. 

Mr.  Miller  moved  to  suspend  the  rules  and  take  up  the  mo- 
tion relative  to  Convention  printing. 

Mr.  McCaskill  moved  to  lay  the  motion  to  suspend  on  the 
table  ; 

Which  was  agreed  to. 

Mr.  Yonge  moved  that  the  Convention  proceed  to  the  elec- 
tion of  one  Messenger  and  four  Pages  ; 
Which  was  agreed  to. 

Mr.  Sheats  nominated  W.  M.  Myers  for  Messenger. 
Mr.  Hicks  moved  to  make  the  election  of  Mr.  Myers  unani- 
mous ; 

Which  was  agreed  to. 

The  Convention  then  proceeded  to  the  election  of  four  pages. 

Charles  Hopkins,  Glover  Miller,  J.  W.  Johnston  and  Eugene 
Hawkins  were  nominated  and  declared  elected. 

Mr.  Mann  moved  that  the  Convention  choose  five  pages,  and 
nominated  H.  W.  Fowler  for  the  fifth  one. 

Mr.  Wilson  moved  to  lay  the  motion  on  the  table. 

The  yeas  and  nays  were  called  for  by  Messrs.  Baker  and 
Chandler. 

The  vote  was  : 

Yeas — Messrs.  Blackburn,  Campbell,  Clark  of  Jackson, 
Coker,  Davis,  Edge,  Green,  Hausman,  Hendley,  Hope,  Hum- 
phries, Lesley,  Love,  Malone,  Milton,  McCaskill,  Oliveros, 
Paterson,  Randall  of  Madison,  Richard,  Scott,  Stone,  Tolbert, 
Wadsworth,  Wall,  and  Wilson  of  Polk  and  Manatee — 25. 

Nays — Mr.  President,  Messrs.  Baker,  Bell  ot  Brevard  and 
Dade,  Bennett,  Bethel,  Blount,  Broome,  Bush,  Carter,  Carr, 
Challen,  Chandler,  Conover,  Cook,  Davidson,  Duncan,  Earle, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Greeley,  Hargret,  Hatch,  Henderson,  Herndon,  Hicks,  Hocker, 
Hunter,  Ives,  Johnston,  Jones,  Land  rum,  Lewis,  Lutterloh, 
Mann,  Marshall,  Maxwell,  Miller,  Mitchell,  Monsalvatge,  Mc- 
Clellan,  McKinnon,  Neel,  Odom,  Orman,  Parker,  Parkhill, 


27 


Parsons,  Petty,  Randall  of  Duval,  Randolph,  Robertson, 
Rogers,  Rowe,  Sheats,  Speer,  Swearingen,  Taylor,  Tedder, 
Thompson,  Tompkins,  TurnbuU,  Walker,  Jr.,  Walter,  Weeks, 
Wellman,  Westcott,  Whitmire,  Wilson  of  Cla^^,  W3^11y,  Yonge 
and  Zipperer — 78. 

So  the  motion  did  not  prevail. 

The  Convention  proceeded  to  vote  for  the  fifth  Page  and 
Mr.  Fowler  was  declared  elected. 

The  committee  appointed  to  inform  the  Governor  that  this 
Convention  had  completed  its  organization,  and  at  all  times 
invited  the  co-operation  of  the  State  Government  in  aid  of  its 
counsels,  reported  that  they  had  so  informed  the  Governor, 
and  that  the  Governor  expressed  his  thanks  and  appreciation 
to  the  Convention,  and  that  he  would  communicate  to  this 
body  in  writing,  probably  in  the  near  future. 

On  motion  of  Mr.  Green  the  report  was  received  and  the 
committee  discharged. 

The  Convention  took  a  recess  for  fifteen  minutes  in  order 
to  draw  for  seats  as  provided  in  resolution  passed  on  yester- 
day. 

The  Convention  resumed  its  session. 

The  President  announced  the  following  Committee  on  Stand- 
ing Committees  : 

Messrs.  ^Maxwell,  Randall,  of  Duval,  Taylor,  McClellan, 
Love,  Walker,  Jr.,  Mann,  Bennett  and  Miller. 

On  motion  of  Mr.  Walter  the  Convention  adjourned  until  10 
o'clock  A.  M.  to-morrow. 


FOURTH  DAY. 


FRIDAY,  June  12,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler.  Genovar,  Gibbs,  Gillis, 
Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman, 


28 


Hendley,  Henderson,  llerndon,  Hicks,  Hooker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell,  Miller, 
Milton,  Mitchell,  Monsalvatge,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Madison,  Ran- 
dolph, Ricliard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Ta3dor,  Tedder,  Thompson, 
Toibert,  Tompkins,  Turnbull,'  Wadsworth,  Walker,  Jr.,  Wall, 
Walter,  Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zip- 
per er — 105. 

A  quorum  ])resent. 

Mr.  Turnbull  moved  to  dispense  with  reading  of  the  Journal ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Walker,  Jr.,  offered  the  following  resolution : 

Resolved^  That  whatever  shall  be  referred  to  a  committee  as 
a  proposed  amendment  to  the  existing  Constitution,  or  as  a 
part  of  a  new  Constitution,  or  an  ordinance  of  this  Conven- 
tion, shall  be  reported  upon  within  a  reasonable  time. 

Mr.  Oliveros  offered  the  following  resolution : 

Renolved^  That  the  desk  of  the  Reading  Clerk  be  placed  as 
near  the  center  of  the  Hall  as  convenient,  and  that  one  page  be 
assigned  to  convey  papers  from  the  Secretary's  desk  to  that  of 
the  Reading  Clerk. 

Mr.  Rogers  offered  the  following  resolution  : 

Whereas^  It  is  the  sense  of  this  Convention  that  we  need  a 
permanent  chaplain  to  open  the  daily  sessions  with  prayer  ; 
therefore. 

Resolved^  That  the  President  be  authorized  to  make  such 
arrangements  as  he  may  think  proper  to  secure  the  service  of 
some  minister  to  act  as  chaplain  for  this  Convention. 

Mr.  Zipperer  offered  the  following  resolution : 

Whereas^  The  organization  of  this  body  is  not  completed 
without  the  election  of  a  Chaplain  ; 

Resolved^  That  we  proceed  to  elect  a  Chaplain  from  this 
body  or  elsewhere  to  serve  during  the  term  at  a  stated  salary, 
said  salary  not  to  exceed  one  hundred  dollars. 

Mr.  Humphries  offered  the  following  resolution  : 

Resolved^  That  the  Secretary  of  this  Convention  shall  be  re- 
quired, after  reading  the  journals  and  the  disposition  of  unfin- 
ished business,  to  call  the  roll  of  Senatorial  Districts,  at  which 


29 


time  any  member  of  said  district  shall  be  permitted  to  intro- 
duce resolutions  pertaining  to  the  business  of  the  Conven- 
tion. 

Mr.  Hicks  offered  the  following  resolution  : 

WIie7^eas^  The  present  Convention,  being  composed  largely 
of  new  members,  uncontaminated  with  the  wiles  and  manipu- 
lations of  the  members  and  politicians  who  have  served  in 
former  Legislatures,  do  not  as  3^et  require  the  services  of  a 
chaplain,  and  to  employ  the  services  of  a  chaplain  for  the 
benefit  of  the  small  number  of  old  members  and  politicians  in 
this  body  would  be  a  useless  expenditure  of  the  public  money, 
as  they  are  certainly  beyond  the  present  plan  of  redemption  : 
therefore,  be  it 

Resolved.  That  no  money  shall  be  appropriated  to  pay  for 
the  services  of  a  chaplain. 

Mr.  Bennett  offered  the  following  resolution  : 

TO  REGULATE  THE  LIQUOR  TRAFFIC  BY  THE  VOTE  OF  COUNTIES. 

Section  1.  A  majority  of  the  legally  qualified  voters  of  a 
county  ma}^  by  ballot  permit  or  prohibit  all  traffic  in  spirit- 
uous, malt  or  fermented  liquors,  or  other  intoxicants. 

Sec.  2.  Whenever  one  hundred  qualified  electors  in  any 
county  ia  this  State  shall,  in  writing,  petition  the  Legislative 
Board  of  such  county  to  order  an  election,  to  permit  or  pro- 
hibit the  traffic  in  intoxicants,  said  Board  shall,  within  forty 
(40)  daj^s  after  receiving  such  petition,  issue  notices  for  an 
election  to  be  held  in  not  less  than  thirtv  nor  more  than 
forty  days  from  the  date  of  such  notices  ;  Provided,  That  no 
such  election  shall  be  held  within  sixt}^  (60)  days  previous, 
nor  thirty  (30)  days  subsequent,  to  any  regular  or  general 
election  for  State  or  count}^  officers.  Neither  shall  there  be 
more  than  one  such  election  held  within  a  3'ear. 

Sec.  3.  All  elections  helu  in  pursuance  of  the  provisions  of 
the  foregoing  sections  shall  be  conducted  according  to  the 
laws  and  rules  provided  for  regular  and  general  elections,  and 
all  infractions  of  such  laws  and  rules  shall  incur  like  penalties. 

Mr.  Mitchell  offered  the  following  resolution  : 

Resolved.,  That  the  Sergeant-at-Arms  be  instructed  to  furnish 
fifteen  (15)  copies  of  McClellan's  Digest  for  the  use  of  this 
Convention. 

Mr.  Speer  offered  the  following  resolution : 

Resolved,  That  the  Sergeant-at-Arms  be  directed  to  prepare 
seats  and  desks  on  the  floor  of  the  Hall  for  editors  and  report- 
ers of  the  public  press,  and  they  are  hereb}^  invited  to  occupy 
the  same. 


30 


Mr.  Randolph  offered  the  following  resolution  : 

Resolved^  That  whereas,  the  Convention  is  without  a  Chap- 
lain, and  that  we  are  hereby  setting  a  precedent  unheard  of  in 
legislative  or  deliberative  bodies  ; 

Reiiolved^  That  we  proceed  to  the  election  of  a  Chaplain  to 
be  paid  a  salary  such  as  ma^^  be  decided  upon  by  the  Finance 
Committee. 

Mr.  Bethel  offered  the  following  resolution  : 

Resolved,  That  a  committee  of  three  be  appointed  to  revise 
and  superintend  the  recording  of  the  Journal  of  this  Conven- 
tion. 

Mr.  Turnbull  tendered  an  invitation  from  Hon.  D.  S.  Walker, 
Sr.,  in  behalf  of  the  University  Library,  to  the  members  of 
this  Convention,  inviting  them  to  visit  the  library  at  their 
leisure  moments. 

Mr.  Walter  moved  that  the  invitation  be  accepted  and  the 
thanks  of  this  Convention  be  returned  ; 

Which  was  unanimously  agreed  to. 

Mr.  Maxwell,  Chairman  of  Committee  on  Necessary  Com- 
mittees made  tha  following  report : 

The  committee  to  determine  what  committees  are  necessary 
to  the  transaction  of  the  business  of  the  Convention,  and  to 
report  the  titles,  functions,  and  number  of  each  committee,  beg 
leave  to  report  the  following  resolutions : 

Rei^olved  1.  That  in  order  to  the  convenient  transaction  of 
the  business  of  the  Convention,  the  President  be  authorized  to 
appoint  the  following  standing  committees,  to  consist  of  nine 
members  each,  except  where  a  different  number  is  herein  other- 
wise provided  for : 

1.  A  Committee  on  Preamble  and  Bill  of  Rights. 

2.  A  Committee  on  the  Legislative  Department — eleven 
members. 

3.  A  Committee  on  the  Executive  and  Administrative  De- 
partment. 

4.  A  Committee  on  the  Judicial  Department — thirteen 
members. 

5.  A  Committee  on  Census,  Apportionment  and  Bounda- 
ries— thirteen  members. 

6.  A  Committee  on  Suffrage  aind  Eligibility — eleven  mem- 
bers. 

7.  A  Committee  on  Education. 

8.  A  Committee  on  Homesteads  and  Exemptions  and 
Property  of  Married  Women. 

9.  A  Committee  on  Public  Institutions. 

10.  A  Committee  on  Taxation  and  Finance— eleven  mem- 
bers. 


31 


11.  A  Committee  on  Private  Corporations. 

12.  A  Committee  on  Militia. 

13.  A  Committee  on  Amendments  to  the  Constitution. 

14.  A  Committee  on  County,  Township  and  City  Organiza- 
tion. 

15.  A  Committee  on  Miscellaneous  Provisions. 

16.  A  Committee  on  Style  and  Arrangement  of  the  Consti- 
tution— eleven  members. 

IT.  A  Committee  on  Schedule. 

Besolved^  2.  That  the  functions  of  these  committees  shall  be 
to  revise  the  Constitution  in  such  matters  as  are  indicated  by 
their  respective  titles,  and  to  consider  and  l  eport  on  all  mat- 
ters referred  to  them. 

Your  Committee  report,  as  necessary  to  the  current  business 
of  the  Convention,  other  committee.-,  to  consist  of  five  mem- 
bers each,  as  follows  : 

1.  A  Coaimittee  on  Enrollment  and  Engrossment. 

2.  A  Committee  on  Expenditure. 

3.  A  Committee  on  Printing. 

The  functions  of  these  committees  are  sufficiently  indicated 
by  their  titles. 

Respectfully  submitted. 

A.  E.  Maxwell,  Chairman. 

Mr.  Bethel  moved  that  the  report  of  the  committee  be  ac- 
cepted ; 

Which  was  agreed  to. 

Mr.  Campbell  moved  that  the  report  of  the  committee  be 
adopted  and  immediate  action  be  taken  thereon  ; 
Which  was  agreed  to. 

Mr.  Bethel,  Chairman  of  Committee  on  Rules,  made  a  verbal 
report,  that  the  committee  had  been  working  and  would  proba- 
bly report  to-morrow. 

Mr.  Baker  moved  to  suspend  the  rules  and  that  the  Conven- 
tion proceed  to  the  election  of  a  Chaplain  : 

Which  was  agreed  to.  and  nominations  were  declared  in 
order. 

Mr.  Speer  nominated  Rev.  T.  E.  Smith. 
Mr.  Fowler  nominated  Rev.  A.  C.  McCants. 
Mr.  Conover  nominated  Rev.  W.  H.  Carter. 
Mr.  Turnbull  nominated  Rev.  H.  H.  Kennedy. 
Mr.  Walter  nominated  Rev.  C.  C.  McLean. 
Mr.  Bethel  moved  that  nominations  be  closed  ; 
Which  was  agreed  to. 
The  vote  was  as  follows  : 

Mr.  Carter,  20;  Mr.  McCants,  41  ;  Mr.  Smith,  18  ;  Mr.  Ken- 
nedy, 24  ;  Mr.  McLean,  4. 


32 


Mr.  McCaskill  moved  that  inasmuch  as  there  was  no  elec- 
tion that  Rev.  Mr.  McCants  be  elected  Chaplain  by  acclama- 
tion ; 

Which  was  agreed  to,  and  Mr.  McCants  was  so  declared 
elected. 

The  following  communication  from  the  Governor  was  re- 
ceived : 

Executive  Office,  } 
Tallahassee,  Fla.,  June  11,  1885.  \ 

To  the  President  and  Members  of  the  Constitutional  Conven- 
tion of  Florida: 

Gentlemen  :  I  have  the  honor  to  acknowledge  your  cour- 
tesy in  advising  me  through  your  committee  of  your  organi- 
zation as  the  Constitutional  Convention  of  the  delegates  of 
the  people  of  Florida.  I  heartily  welcome  you  here  and  con- 
gratulate the  people  of  our  State  upon  the  selection  as  their 
delegates  for  the  important  purpose  of  revising  their  organic 
law,  men  whose  characters  for  wisdom,  prudence  and  love  for 
Florida,  are  a  safe  guaranty  that  the  deliberations  and  labors 
of  your  body  will  have  for  their  aim  and  purpose  the  best  in- 
terest of  our  beloved  State  and  the  welfare  and  prosperity  of 
all  her  people. 

I  take  pleasure  in  tendering  to  you  the  cordial  co-operation 
of  the  Executive  and  all  the  Administrative  Departments  of 
our  present  State  Government,  and  assuring  you  that  every 
Department  will  hold  itself  ready  with  any  information  it  may 
possess  as  to  the  present  or  past  affairs  of  State,  or  otherwise 
to  facilitate  in  every  way  possible  the  labors  not  only  of  your 
bod}^  and  your  committees,  but  of  the  individual  members  of 
the  Convention. 

I  beg  leave  to  express  to  you,  and  through  you  to  the  people 
of  our  State,  my  appreciation  of  and  gratitude  for  the  distin- 
guished honor  and  generous  tribute  of  respect  and  sympathy 
conveyed  by  your  proceedings  of  the  9th  instant. 

With  profound  gratitude  to  you  and  the  people  of  Florida,  I 
have  the  honor  to  be  your  and  their  obedient  servant, 

E.  A.  Perry. 

Which  was  read. 

Mr.  Walter  moved  that  the  communication  just  received  be 
spread  upon  the  Journal ; 
Which  was  agreed  to. 

On  motion  of  Mr.  Miller,  the  Convention  adjourned  until  11 
o'clock  A.  M.  to-morrow,  in  order  to  give  the  committee  time 
to  act. 


33 


FIFTH  DAY. 


SATTjRDAY.  June  13.  1885. 

Convention  met  pursuant  to  adjournment. 
The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett.  Bethel.  Blackburn,  Blount.  Broome. 
Bush.  Campbell.  Carter,  Carr.  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson.  Clark  of  Jackson.  Coker.  Cock.  Davidson. 
Davis,  Duncan.  Earle.  Edge.  Fogarty,  Fowler.  G-enovar,  Gibbs. 
G-illis,  Goodbread,  Goss.  Green.  Hargret.  Hatch.  Hausman. 
Hendley.  Henderson.  Herndon,  Hicks.  Hocker,  Hope.  Hum- 
phries. Hunter,  Ives.  Johnston,  Jones,  Landrum.  Lesley. 
Love,  Lutterloh,  Malone,  Mann.  Marshall.  Maxwell.  Milton. 
Mitchell,  Monsalvatge.  Morgan,  McCaskill,  McClellan.  McKin- 
non.  Xeel.  Odom,  Oliveros.  Orman.  Parker.  Parkhill.  Parsons. 
Paterson,  Petty,  Pelot.  Randall  of  Duval.  Randall  of  Madison, 
Randolph.  Richard,  Robertson.  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats.  Speer.  Stone.  Swearingen,  Tavlor.  Tedder.  Thompson. 
Tolbert.  Tompkins,  Turnbull.  Wadsworth.  Walker.  Jr..  Wall. 
Walter.  Weeks,  Wellman.  Westcott.  Whitmire.  Wilson  of  Clay » 
Wilson  of  Polk  and  Manatee.  Wvllv.  Yonofe  and  Zipperer 
—103. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Parkhill  moved  that  the  reading  of  the  Journal-  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Campbell  offered  the  following  resolution  : 

WTiereas.  The  present  Constitution  of  Florida  deprives  the 
people  of  Florida  of  the  privilege  of  electing  the  officers  of  the 
State  and  the  different  county  officers,  except  their  Chief  Mag- 
istrate, the  G-overnor,  and  in  this  respect  is  undemocratic,  and 
contrary  to  the  spirit  of  republican  government  ;  therefore, 
be  it  " 

Besolved,  That  the  people  of  Florida  be  authorized  by  the 
organic  law,  to  elect  each  and  every  officer,  both  St  ate  and 
county,  that  this  Convention  mav  determine  necessary  ;  and  be 
it  further 

o 
O 


34 


Resolved,  That  the  officers  of  said  State  shall  consist  of  the 
following,  to-wit :  A  Chief  Magistrate,  to  be  styled  the  Gov- 
ernor ;  a  Comptroller,  a  Treasurer,  Secretary  and  an  Attorney- 
General,  and  that  the  judicial  power  of  said  State  shall  be 
vested  in  a  Supreme  Court,  Chancer}^  Courts,  Circuit  Courts 
and  Justices  of  t'le  Peace,  and  the  Legislature  may  provide 
courts  in  cities  and  towns  and  give  said  courts  such  criminal 
jurisdiction  as  may  be  deemed  proper  by  such  Legislature,  and 
that  the  people  of  the  various  counties  of  this  State,  shall,  on 
the  First  Tuesday  in  November,  A.  D.,  1886,  and  every  two 
years  thereafter,  elect  the  following  officers,  to-wit :  a  Sheriff, 
a  County  Cleric,  a  Tax  Assessor,  a  Tax  Collector, a  Treasurer, 
a  Superintendent  of  Education;  three  County  Commissioners 
and  a  Justice  of  the  Peace  for  each  Election  District,  the  du- 
ties of  said  oflficers  shall  be  provided  by  law,  and  said  officers 
shall  hold  their  office  until  their  successors  are  elected  and 
qualified ;  and  at  the  same  time  there  shall  be  elected  in  each 
Judicial  Circuit,  a  District  Attorney,  whose  duties  shall  be 
provided  by  law,  who  shall  hold  his  office  for  four  years,  and 
until  his  successor  is  elected  and  qualified. 

Mr.  Wilson,  of  Polk  and  Manatee,  offered  the  following  reso- 
lution : 

Resolved,  That  in  the  organization  of  the  Legislative  De- 
partment the  committee  on  that  department  inquire  into  the 
expediency — 

First,  of  limiting  the  powers  of  legislation  to  acts  of  a  gen- 
eral nature,  or  such  as  concern  the  public  interest  generally  or 
locally. 

Second,  of  prohibiting  private  legislation  for  individual, 
company  or  corporate  benefit,  except  at  the  expense  of  the  ap- 
plicants. 

Third,  of  prohibiting  the  passing  of  special  acts  for  the  relief 
of  negligent,  careless  and  defaulting  public  officers,  except  at 
their  own  expense. 

Fourth,  of  limiting  the  powers  of  legislation  when  convened 
on  extraordinary  occasion  to  those  causes  only  communi- 
cated by  the  Executive. 

Fifth,  the  prohibition  to  the  Legislature  of  all  power  of  ap- 
pointment except  of  the  United  States  Senators  and  its  own 
officers. 

Mr.  Randall,  of  Duval,  offered  the  following  resolution-: 

Resolved,  That  the  Constitution  to  be  formed  by  this  Con- 
vention shall  be  submitted  to  a  vote  of  the  registered  voters 
of  this  State  and  adopted  bv  a  majority  of  votes  cast  before 
"he  same  shall  be  in  force. 


35 

Mr.  Bethel,  of  Committee  on  Rules,  made  the  following  re- 
port : 

Convention  Hall,  Tallahassee,  Fla.,  June  13,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  committee  to  whom  was  assigned  the  duty  of 
preparing  rules  for  the  guidance  of  this  Convention,  beg  leave 
to  submit  the  following  rules,  and  would  recommend  the 
adoption  of  the  same. 

Very  respectfully, 

L.  W.  Bethel. 

Rule  1. 

The  President  shall  take  the  chair  every  day  at  the  hour  to 
which  the  House  shall  have  adjourned  on  the  preceding  day, 
and  shall  immediately  call  the  Convention  to  order.  The  roll 
shall  then  be  called,  and  on  the  appearance  of  a  quorum  the 
Journal  of  the  preceding  day  shall  be  read. 

Rule  2. 

He  shall  preserve  order  and  decorum  ;  may  speak  to  points 
of  order  in  preference  to  other  members,  rising  from  his  seat 
for  that  purpose,  and  shall  decide  questions  of  order,  subject  to 
an  appeal  to  the  House,  on  which  appeal  no  member  shall 
speak  more  than  once,  unless  by  leave  of  the  House. 

Rule  3. 

He  shall  rise  to  put  the  question,  but  may  state  it  sitting. 

Rule  4. 

Xo  member  shall  speak  to  another,  or  otherwise  interrupt 
the  business  of  the  Convention,  or  read  any  newspaper,  while 
the  Journals  or  public  papers  are  reading,  or  when  any  mem- 
ber is  speaking  in  debate. 

Rule  5. 

Every  member,  when  he  speaks,  shall  address  the  Chair, 
standing  in  his  place,  and  when  he  has  finished  shall  sit  down. 

Rule  6 

Xo  member  shall  speak  more  than  twice  in  any  one  debate, 
on  the  same  day,  without  leave  of  the  House. 

Rule  7. 

When  two  or  more  members  shall  rise  at  the  same  time,  the 
President  shall  name  the  person  eQtitle<J  to  proceed. 


36 


Rule  8. 

When  a  member  shall  be  called  to  order,  he  shall  sit  down 
until  the  President  shall  have  determined  whether  he  is  in 
order  or  not,  and  every  question  of  order  shall  be  decided  by 
the  President  without  debate,  subject  to  an  appeal  to  the 
House,  and  every  member  shall  confine  himself  strictly  to  the 
point  in  debate,  avoiding  all  personal,  indecorous  or  disrespect- 
ful language. 

Rule  9. 

If  a  member  be  called  to  order  for  words  spoken,  the  excep- 
tionable words  shall  immediately  be  taken  down  in  writing  by 
the  President. 

Rule  10. 

No  motion  shall  be  debated  until  the  same  shall  be  seconded 
and  stated  by  the  Chair. 

Rule  11. 

When  a  motion  shall  be  made  and  seconded,  it  shall  be  re- 
duced to  writing  if  desired  by  the  President. 

Rule  12. 

When  a  question  is  under  debate  the  President  shall  receive 
no  motion  but  to  adjourn,  to  lay  on  the  table,  for  the  previous 
question,  to  postpone  to  a  day  certain,  to  commit,  to  amend 
or  to  postpone  indefinitely,  which  several  motions  shall  have 
precedence  in  the  order  in  which  they  stand  arranged,  and  a 
motion  to  adjourn  and  to  lay  on  the  table  shall  be  decided 
without  debate.  If  an  amendment  to  any  subject  under  con- 
sideration be  laid  on  the  table  or  postponed,  such  action  shall 
not  carry  the  subject  matter  with  it. 

Rule  13. 

When  a  motion  or  proposition  is  under  consideration,  a  mo- 
tion to  amend,  and  a  motion  to  amend  that  amendment  shall 
be  in  order,  and  it  shall  also  be  in  order  to  offer  a  further 
amendment  by  way  of  substitute,  to  which  one  amendments 
may  be  offered,  but  which  shall  not  be  voted  on  until  the 
original  matter  is  perfected,  but  either  may  be  withdrawn 
before  amendment  or  decision  is  had  thereon. 

Rule  14. 

A  question  containing  two  or  more  propositions  capable  of 
division  shail  be  divided  whenever  desired  by  any  member.  A 


37 

motion  to  strike  out  and  insert  shall  be  deemed  indivisible,  but 
a  motion  to  strike  out  being  lost  shall  neither  preclude  amend- 
ment nor  a  motion  to  strike  out  and  insert. 

KULE  15. 

In  filling  up  blanks  the  largest  sum  and  longest  time  shall 
be  first  put. 

Rule  16. 

When  the  reading  of  a  paper  is  called  for  and  the  same  is 
objected  to  by  any  member,  it  shall  be  determined  by  vote  of 
the  House  and  without  debate. 

Rule  17. 

On  all  questions  and  motions  whatsoever  the  President  shall 
take  the  sense  of  the  House  by  yeas  and  nays,  provided  ten  of 
the  members  present  shall  so  require.  When  the  yeas  and 
nays  are  taken,  the  roil  of  the  House  shall  be  called  in  alpha- 
betical orijer,  and  no  member  shall  be  allowed  to  vote  who 
shall  not  be  upon  the  floor  of  the  House  at  the  time  his  name 
is  called,  or  before  the  roll  call  is  finished. 

Rule  18. 

The  foUow^ing  order  sliall  be  observed  in  taking  up  the  busi- 
ness of  the  Convention : 

1.  Reading  of  the  Journal  and  the  correction  of  the  same. 

2.  Introduction  of  memorials,  petitions  or  other  papers  ad- 
dressed to  the  Convention  or  its  President. 

3.  Introduction  of  resolutions. 

4.  Articles  and  ordinances. 

5.  Reports  of  Standing  Committees  in  the  order  ot  their 
numbers. 

6.  Reports  of  Select  Committees. 

7.  Unfinished  business. 

8.  Special  orders. 

Rule  19. 

When  a  question  has  been  once  made  and  carried  in  the  af- 
firmative or  negative,  it  shall  be  in  order  for  any  member  of 
the  prevailing  side  to  move  for  the  reconsideration  thereof, 
nor  shall  any  motion  for  reconsideration  be  in  order  unless 
made  on  the  same  day  on  which  the  vote  was  taken,  or  the  next 
day  of  the  actual  session  of  the  Convention,  provided  the  rule 
shall  not  apply  to  the  action  upon  reports  of  Standing  Com- 
mittee No.  16. 


38 


Rule  20. 

On  a  question  when  the  yeas  and  nays  are  called  for,  in  the 
event  of  a  tie,  the  question  shall  be  decided  in  the  nega- 
tive. 

Rule  21. 

All  questions  shall  be  put  by  the  President,  and  the  mem- 
bers shall  signify  their  assent  or  dissent  by  answering  viva 
voce  aye  or  no. 

Rule  22. 

The  President  of  the  Convention  or  President  pro  tern,  shall 
have  the  right  to  name  a  member  to  perform  the  duties  of  the' 
Chair,  but  such  substitute  shall  not  extend  beyond  an  adjourn- 
ment. 

Rule  23, 

Before  any  petition,  memorial  or  resolution  addressed  to  the 
Convention  shall  be  received  and  read  at  the  table,  whether 
the  same  be  introduced  by  the  President  or  a  member,  a  brief 
statement  of  the  suV)ject  of  the  petition  or  memorial  shall  ver- 
bally be  made  by  the  introducer. 

Rule  24. 

Every  section  of  the  Constitution  shall  receive  three  readings 
previous  to  its  being  adopted  ;  the  President  shall  give  notice  at 
each  whether  it  be  the  first,  second  or  third,  which  readings 
shall  be  on  three  different  days,  unless  two-thirds  of  the  House 
declare  otherwise. 

Rule  25. 

The  Standing  Committees  of  this  Convention  shall  be  as  fol- 
lows, and  shall  consist  of  nine  members  each,  unless  otherwise 
specified  : 

1.  A  Committee  on  Preamble  and  Bill  of  Rights. 

2.  A  Committee  on  the  Legislative  Department — of  eleven 
members. 

3.  A  Committee  on  the  Executive  and  Administrative  De- 
partment. 

4.  A  Committee  on  the  Judicial  Department — thirteen  mem- 
bers. 

5.  A  Committee  on  Census,  Apportionment  and  Boundaries— 
thirteen  members. 

6.  A  Committee  on  Suffrage  and  Eligibility — eleven  mem- 


39 


7.  A  Committee  on  Education. 

8.  A  CommiUee  on  Homestead  and  Exemption  and  Pro- 
perty of  Married  Women. 

9.  A  Committee  on  Public  Institutions. 

10.  A  Committee  on  Taxation  and  Finance — eleven  mem- 
bers. 

11.  A  Committee  on  Private  Corporations. 

12.  A  Committee  on  Militia. 

13.  A  Committee  on  the  Amendments  to  the  Constitution. 

14.  A  Committee  on  County,  Township  and  City  Organiza- 
tions. 

15.  A  Committee  on  Miscellaneous  Provisions. 

16.  A  Committee  on  Style  and  Arrangement  of  the  Con- 
stitution— eleven  members. 

17.  A  Committee  on  Schedule. 

]  8.  A  Committee  on  Temperance — seven  members. 

19.  A  Committee  on  Engrossment  and  Enrollment- — five 
members. 

20.  A  Committee  on  Expenditures — five  members. 

21.  A  Committee  on  Printing — five  members. 

22.  A  Committee  to  Revise  and  Supervise  the  Recording  of 
the  Journal — five  members. 

Rule  26. 

The  proceedings  of  the  Convention  shall  be  entered  on  the 
Journals  concisely,  under  the  supervision  of  the  President. 

Rule  27. 

All  resolutions  presented  to  this  House  shall  lie  on  the  table  one 
day  before  any  vole  shall  be  taken  on  the  adoption  of  the  same, 
unless  by  unanimous  consent  of  the  House,  this  rule  be  waived, 
and  shall  be  entered  on  the  Journal  only  by  their  title. 

Rule  28. 

All  articles,  sections,  ordinances  and  resolutions  pertaining 
to  the  Constitution  shall  be  referred  to  the  appropriate  com- 
mittees without  debate. 

Rule  29. 

A  majority  of  this  Convention  shall  constitute  a  quorum  to 
do  business,  but  a  smaller  number  may  adjourn  from  day  to 
day  and  order  such  action  as  will  compel  the  attendance  of  ab- 
sent members. 

Rule  30. 

No  member  shall  absent  himself  from  the  Convention  with- 
out leave. 


40 


Rule  31. 

The  rules  of  parliamentiry  practice  comprised  in  Jefferson's 
Manual  shall  govern  the  House  in  all  cases  to  which  they  are 
applicable,  and  in  which  they  are  not  inconsistent  with  the 
standing  rules  and  orders  of  the  House. 

Rule  32. 

Any  of  these  rules  may  be  altered,  suspended  or  rescinded 
by  a  two-thirds  vote  of  the  House. 

Mr.  Mann  moved  that  the  report  be  received ; 
Which  was  agreed  to. 

Mr.  Mann  moved  that  further  consideration  of  the  report 
be  laid  over  until  Tuesday. 

Mr.  Swearingen  moved  that  the  motion  to  postpone  be  laid 
upon  the  table ; 

Which  was  agreed  to. 

The  Convention  then  proceeded  to  act  upon  the  rules  in 
their  regular  order. 
Rule  No.  1  was  read. 

On  motion  of  Mr.  Baker  Rule  No.  1  was  adopted. 
Rule  No.  2  was  read. 

On  motioh  of  Mr.  Walter  Rule  No.  2  was  adopted. 
Rule  No.  3  was  read. 

On  motion  of  Mr.  Walter  Rule  No.  3  was  adopted. 
Rule  No.  4  was  read. 

Mr.  Randall,  of  Duval,  offered  the  following  amendment : 

Strike  out  the  words  "to  another,"  and  insert  the  words 
"  except  to  make  a  motion also,  strike  out  the  word  "  read- 
ing "  and  insert    being  read 

Which  was  not  agreed  to. 

Rule  No.  4  was  then  adopted. 

Rule  No.  5  was  read. 

On  motion  of  Mr.  McCaskill  Rule  No.  5  was  adopted. 

Rule  No.  6  was  read. 

Mr.  S heats  moved  to  amend  as  follows  : 

No  member  shall  speak  more  than  twice,  nor  longer  than 
ten  minutes  at  a  time  in  any  one  debate  on  the  same  question, 
without  leave  of  the  House. 

Mr.  Mann  moved  to  lay  the  amendment  on  the  table  ; 
'  Which  was  agreed  to. 

Mr.  Maxwell  offered  the  following : 

Amend  by  striking  out  the  word  "  day "  and  insert  the 
word  "  question 

Which  was  adopted. 


41 


Kule  No.  6  was  adopted  as  amended. 
Kule  No.  1  was  read. 

On  motion  of  Mr.  Baker  Rule  No.  7  was  adopted. 
Rule  No.  8  was  read. 

On  motion  of  Mr.  Walter  Rule  No.  8  was  adopted. 
Rule  No  9  was  read. 

On  motion  of  Mr.  Walter  Rule  No.  9  was  adopted. 
Rule  No.  10  was  read. 

Upon  motion  of  Mr.  Tolbert  Rule  No.  10  was  adopted. 
Rule  No.  11  was  read. 

Upon  motion  of  Mr.  Rogers  Rule  No.  11  was  adopted. 

Rule  No.  12  was  read. 

Mr.  Cook  moved  its  adoption. 

Mr.  Baker  moved  to  strike  out  the  words  "  previous  ques- 
tion." 

Mr.  Speer  moved  to  lay  the  motion  to  strike  out  on  the 
table ; 

Which  was  agreed  to. 

Rule  No.  12  was  then  adopted. 

Rule  No.  13  was  then  read. 

Mr.  Chandler  moved  its  adoption. 

Rule  No.  13  was  adopted. 

Rule  No.  14  was  then  read. 

Upon  motion  of  Mr.  Challen  Rule  No.  14  was  adopted. 
Rule  No.  15  was  read. 

Upon  motion  of  Mr.  Speer  Rule  No.  15  was  adopted. 

Rule  No.  16  was  read. 

Mr.  Rogers  moved  its  adoption. 

Mr.  Baker  moved  to  strike  out  the  words  and  without  de- 
bate." 

The  amendment  was  adopted. 

Rule  No.  16  was  adopted  as  amended. 

Rule  No.  17  was  read. 

Mr.  Challen  moved  to  strike  out    ten  "  and  insert  two." 
Mr.  Bethel  moved  to  lay  the  motion  to  strike  out  upon  the 
table  ; 

Which  was  agreed  to. 

Mr.  Walker,  Jr.,  moved  to  amend  as  follows : 

Amend  by  inserting  after  the  word  whatever,"  in  the  first 
line,  the  following :  "  Except  such  as  shall  involve  the  adop- 
tion of  a  part  of  the  Constitution  to  be  drafted  by  this  Con- 
vention.'' 

Also  as  follows  : 

Add  to  Rule  IT:  "That  when  the  question  is  upon  the 
adoption  of  a  proposed  part  of  the  Constitution  to  be  drafted 


42 


by  this  Convention,  it  shall  be  decided  by  roll  call,  and  it  shall 
require  a  majority  of  all  the  delegates  elected  to  this  Conven- 
tion to  adopt  any  part  of  said  Constitution." 

Mr.  Bethel  moved  to  lay  the  motions  to  amend  on  the  table. 

Messrs.  Walker,  Jr.,  and  Conover  called  for  the  yeas  and  nays. 

The  vote  was  : 

Yeas — Messrs.  Bethel,  Blackburn,  Blount,  Broome,  Camp- 
bell, Clarke  of  Jefferson,  Clark  of  Jackson,  Cook,  Davidson, 
Davis,  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Hatch,  Haus- 
man,  Hendley,  Henderson,  Herndon,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones,  Landrum,  Love,  Ma- 
lone,  Mann,  Maxwell,  Milton,  Monsalvatge,  Morgan,  McCas- 
kill,  McClellan,  Oliveros,  Orman,  Parkhill,  Parsons,  Paterson, 
Pelot,  Randall  of  Madison,  Randolph,  Richard,  Robertson, 
Rogers,  Scott,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
TurnbuU,  Wadsworth,  Wall,  Weeks,  Wellman,  Whitmire,  Wil- 
son and  Yonge, — 62. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of  Ham- 
ilton, Bennett,  Bush,  Carter,  Carson,  Challen,  Chandler,  Cono- 
ver, Duncan,  Fowler,  Gribbs,  Goodbread,  Goss,  Green,  Hargret, 
Hicks,  Lutteiloh,  Marshall,  Mitchell,  McKinnon,  Neel,  Odom, 
Parker,  Petty,  Randall  of  Duval,  Rowe,  Sanchez,  Thompson, 
Tolbert,  Tompkins,  Walker,  Jr.,  Walter,  Westcott,  Wilson  of 
Polk  and  Manatee,  Wylly  and  Zipperer — 37. 

So  the  motion  to  lay  upon  the  table  prevailed. 

Mr.  Mann  moved  to  strike  out  "10"  and  insert  "5  ;" 

Which  was  agreed  to. 

Mr.  Hocker  offered  the  following  amendment : 

Strike  out  the  word  "  whatsoever"  in  first  line  of  Rule  17, 
and  insert  in  lieu  thereof  the  words  "except  such  as  are  em- 
braced in  Rule  24  ;" 

Which  was  agreed  to. 

Rule  No.  17  as  amended  was  adopted. 

Rule  No.  18  was  read. 

Mr.  Baker  moved  to  amend  as  follows  : 

Insert  after  the  third  order  of  business  "consideration  oj 
resolutions,  petitions,  memorials  and  other  papers ;" 
Which  was  adopted. 
Rule  No.  18,  as  amended,  was  adopted. 

The  following  delegates  were  excused  from  further  attend- 
ance until  Monday  : 

Messrs.  Parkhill,  TurnbuU,  Jones,  Clarke  of  Jefferson, 
Coker,  Zipperer,  Lewis,  Greeley  and  Miller. 

Rule  No.  19  was  read. 

Mr.  Taylor  offered  the  following  amendment : 
Strike  out  all  of  the  proviso  and  substitute  the  following  : 


43 


"  Provided,  this  rule  shall  not  apply  to  the  action  upon  the 
reports  of  any  of  the  standing  committees  from  1  to  IS.  both 
inclusive." 

Mr.  G-ibbs  offered  the  following  amendment  : 

And  said  motion  shall  not  be  acted  upon  till  the  following 
day  of  actual  session,  and  shall  be  placed  first  in  the  "unfin- 
ished business." 

The  question  was  upon  the  adoption  of  the  amendment  of 
Mr.  Gibbs  : 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  amendment  ofi:ered  by  Mr. 
Taylor  ; 

Which  was  adopted. 

Rule  Xo.  19.  as  amended,  was  then  adopted. 
E-ule  Xo.  20  was  then  read  and  adopted. 
Rule  Xo.  21  was  read  and  adopted. 
Rule  Xo.  22  was  read  and  adopted. 
Rule  Xo.  23  was  read. 

Mr.  Randall  moved  to  amend  by  striking  out  the  word 
"contents"  and  inserting  "subject;" 

Which  was  agreed  to.  and  the  Rule,  as  amended,  was  adopted. 
Rule  Xo.  24  was  read. 

Mr.  Yonge  ofiered  the  following  amendment : 
"  And  when  any  section,  ordinance  or  resolution  of  the  Con- 
stitution shall  have  been  read  the  third  time,  the  same  shall 
be  put  to  a  vote  upon  the  question  of  its  final  adoption,  which 
vote  shall  in  all  cases  be  taken  by  yeas  and  nays  by  calling  the 
roll,  and  said  vote  shall  be  spread  upon  the  Journal :  and  it 
shall  require  a  majority  vote  of  all  members  elected  to  this 
Convention  to  adopt  any  section,  article  or  ordinance  of  the 
Constitution." 

Mr.  Mann  moved  to  amend  the  amendment  by  inserting  the 
word  "  final  "'  before  the  word  "  reading." 

Which  was  accepted  and  the  amendment  and  Rule,  as 
amended,  were  adopted. 

Rule  Xo.  25  was  read. 

Rule  Xo.  25  was  adopted. 

Rule  Xo.  26  was  read. 

"Cpon  motion.  Rule  Xo.  26  was  adopted. 

Rule  Xo.  27  was  read. 

Upon  motion,  Rule  27  was  adopted. 

Rule  Xo.  28  was  read. 

Upon  motion,  Rule  2S  was  adopted. 

Rvule  Xo.  29  was  read. 

Upon  motion.  Rule  Xo.  29  was  adopted. 

Rule  Xo.  3'J  was  read. 


44 


Upon  motion,  Rule  No.  30  was  adopted. 
Rule  No.  31  was  read. 
Upon  motion,  Rule  No.  31  was  adopted. 
Mr.  Yonge  moved  that  the  vote  by  which  Rule  18  was 
adopted  be  reconsidered  ; 
Which  was  agreed  to. 

Mr.  Yonge  offered  the  following  amendment  to  Rule  18  : 
That  Rule  18  be  amended  by  inserting  after    reports  of  se- 
lect committees  "  the  following  : 

7.  Consideration  of  sections,  articles  and  ordinances  on  their 
first  reading. 

8.  Consideration  of  sections,  articles  and  ordinances  on  their 
second  reading. 

9.  Consideration  of  sections,  articles  and  ordinances  on  their 
third  reading. 

10.  Unfinished  business. 

11.  Special  order ; 
Which  was  agreed  to. 

Mr.  Randall  offered  the  following  as  Rule  32  ; 

32.  If  any  person  shall  commit  any  contempt  of  this  Con- 
vention, or  breach  of  privilege,  he  shall  be  punished  therefor 
as  the  House  may  direct,  and  the  President  shall  have  power 
to  order  the  Sergeant-at-Arms  to  take  into  custody,  and  bring 
before  the  Bar  of  the  House,  any  person  guilty  of  such  con- 
tempt or  breach  of  privilege  ; 

Which  was  adopted. 

Mr.  Conover  moved  that  regular  hours  of  meeting  be  10 
o'clock  A.  M.,  unless  otherwise  ordered  ; 
Which  was  adopted  as  Rule  No.  33. 
Rule  No.  34  was  read. 

Upon  motion  of  Mr.  Speer,  Rule  No.  34  was  adopted. 
Mr.  Walter  moved  that  the  rules,  as  amended,  be  adopted  as 
a  whole  ; 

Which  was  agreed  to. 

Mr.  Bethel  moved  that  200  copies  of  the  Rules  be  printed 
for  the  use  of  the  members. 

Mr.  Baker  moved  to  amend  by  making  it  500  ; 
Which  was  lost. 

Mr.  Mann  moved  to  amend  by  making  it  400  ; 
Which  was  agreed  to. 

The  resolution,  as  amended,  was  then  adopted. 
On  motion  of  Mr.  Mitchell,  the  Convention  adjourned  until 
10  o'clock  A.  M.  Monday  next. 


45 


STANDING  RULES  OF  THE  CONVENTION. 


Rule  1. 

The  PresideDt  shall  take  the  chair  every  day  at  the  hour  to 
which  the  House  shall  have  adjourned  on  the  preceding  day, 
and  shall  immediately  call  the  Convention  to  order.  The  roll 
shall  then  be  called,  and  on  the  appearance  of  a  quorum  the 
Journal  of  the  preceding  day  shall  be  read. 

Rule  2. 

He  shall  preserve  order  and  decorum  ;  may  speak  to  points 
of  order  in  preference  to  other  members,  rising  from  his  seat 
for  that  purpose,  and  shall  decide  questions  of  order,  subject  to 
an  appeal  to  the  House,  on  which  appeal  no  member  shall 
speak  more  than  once,  unless  by  leave  of  the  House. 

Rule  3. 

He  shall  rise  to  put  the  question,  but  may  state  it  sitting. 

Rule  4. 

No  member  shall  speak  to  another,  or  otherwise  interrupt 
the  business  of  the  Convention,  or  read  any  newspaper,  while 
the  Journals  or  public  papers  are  reading,  or  when  any  mem- 
ber is  speaking  in  debate. 

Rule  5. 

Every  member,  when  he  speaks,  shall  address  the  Chair, 
standing  in  his  place,  and  when  he  has  finished  shall  sit  down. 

Rule  6. 

No  member  shall  speak  more  than  twice  in  any  one  debate, 
on  the  same  question,  without  the  leave  of  the  House. 

Rule  7. 

^Yhen  two  or  more  members  shall  rise  at  the  same  time,  the 
President  shall  name  the  person  entitled  to  proceed. 

Rule  8. 

When  a  member  shall  be  called  to  order,  he  shall  sit  down 
until  the  President  shali  have  determined  whether  he  is  in 
order  or  not,  and  every  question  of  order  shall  be  decided  by 
the  President  without  debate,  subject  to  an  appeal  to  the 


46 


House,  and  every  member  shall  confine  himself  strictly  to  the 
point  in  debate,  avoiding  all  personal,  indecorous  or  disrespect- 
ful language. 

Rule  9. 

If  a  member  be  called  to  order  for  words  spoken,  the  excep- 
tionable words  shall  immediately  be  taken  down  in  writing  by 
the  President. 

Rule  10. 

No  motion  shall  be  debated  until  the  same  shall  be  seconded 
and  stated  by  the  Chair. 

Rule  11. 

When  a  motion  shall  be  made  and  seconded,  it  shall  be  re- 
duced to  writing  if  desired  by  the  President. 

Rule  12. 

When  a  question  is  under  debate  the  President  shall  receive 
no  motion  but  to  adjourn,  to  lay  on  the  table,  for  the  previous 
question,  to  postpone  to  a  day  certain,  to  commit,  to  amend  or 
to  postpone  indefinitely,  which  several  motions  shall  have 
precedence  in  the  order  in  which  they  stand  arranged,  and  a 
motion  to  adjourn  and  to  lay  on  the  table  sh?ll  be  decided 
without  debate.  If  an  amendment  to  any  subject  under  con- 
sideration be  laid  on  the  table  or  postponed,  such  action  shall 
not  carry  the  subject  matter  with  it. 

Rule  13. 

When  a  motion  or  proposition  is  under  consideration,  a  mo- 
tion to  amend,  and  a  motion  to  amend  that  amendment  shall 
be  in  order,  and  it  shall  also  be  in  order  to  oifer  a  further 
amendment  by  way  of  substitute,  to  which  one  amendment 
may  be  offered,  but  which  shall  not  be  voied  on  until  the  origi- 
nal matter  is  perfected,  but  either  may  be  withdrawn  before 
amendment  or  decision  is  had  thereon. 

Rule  14. 

A  question  containing  two  or  more  propositions  capable  of 
division  shall  be  divided  whenever  desired  by  any  member.  A 
motion  to  strike  out  and  insert  shall  be  deemed  indivisible,  but 
a  motion  to  strike  out  being  lost  shall  neither  preclude  amend- 
ment nor  a  motion  to  strike  out  and  insert. 

Rule  15. 

In  filling  up  blanks  the  largest  sum  and  longest  time  shall 
be  first  put. 


47 


Rule  16. 

When  the  reading  of  a  paper  is  called  for  and  the  same  is 
objected  to  by  any  member,  it  shall  be  determined  by  vote  of 
the  House. 

Rule  17. 

On  all  questions  and  motions,  (except  such  as  are  embraced  in 
Rule  24,)  the  President  shall  take  the  sense  of  the  House  by 
yeas  and  nays,  provided  five  of  the  members  present  shall  so 
require.  When  the  yeas  and  nays  are  taken,  the  roll  of  the 
House  shall  be  called  in  alphabetical  order,  and  no  member 
shall  be  allowed  to  vote  who  shall  not  be  upon  the  floor  of 
the  House  at  the  time  his  name  is  called,  or  before  the  roll  call 
is  finished. 

Rule  18. 

The  following  order  shall  be  observed  in  taking  up  the  busi- 
ness of  the  Convention  : 

1.  Reading  of  the  Journal  and  the  correction  of  the  same. 

2.  Introduction  of  memorials,  petitions  or  other  papers  ad- 
dressed to  the  Convention  or  its  President. 

3.  Introduction  of  resolutions. 

4.  Consideration  of  resolutions,  petitions,  memorials  and 
other  papers. 

5.  Articles  and  Ordinances. 

6.  Reports  of  standing  committees  in  the  order  of  their 
numbers. 

7.  Reports  of  select  committees. 

8.  Consideration  of  sections,  articles  and  ordinances  on  their 
first  reading. 

9.  Consideration  of  sections,  articles  and  ordinances  on  their 
second  reading. 

10.  Consideration  of  sections,  articles  and  ordinances  on  their 
third  reading, 

11.  Unfinished  business. 

12.  Special  orders. 

Rule  19. 

When  a  question  has  been  once  made  and  carried  in  the  af- 
firmative or  negative,  it  shall  be  in  order  for  any  member  of  the 
prevailing  side  to  move  for  the  reconsideration  thereof,  nor 
shall  any  motion  for  reconsideration  be  in  order  unless  made  on 
the  same  day  on  which  the  vote  was  taken,  or  the  next  day  of 
the  actual  session  of  the  Convention  ;  Prodded,  This  rule  shall 
not  apply  to  the  action  upon  the  r^eports  of  any  of  the  standing 
committees  from  1  to  18,  both  inclusive. 


48 


Rule  20. 

On  a  question  when  the  yeas  and  nays  are  called  for,  in  the 
event  of  a  tie,  the  question  shall  be  decided  in  the  negative. 

Rule  21. 

All  questions  shall  be  put  by  the  President,  and  the  mem- 
bers shall  signify  their  assent  or  dissent  by  answering  viva  voce 
aye  or  no. 

Rule  22. 

The  President  of  the  Convention  or  President  pro  tern,  shall 
have  the  right  to  name  a  member  to  perform  the  duties  of  the 
Chair,  but  such  substitute  shall  not  extend  beyond  an  adjourn- 
ment. 

Rule  23. 

Before  any  petition,  memorial  or  resolution  addressed  to  the 
Convention  shall  be  received  and  read  at  the  table,  whether 
the  same  be  introduced  by  the  President  or  a  member,  a  brief 
statement  of  the  subject  of  the  petition  or  memorial  shall  ver- 
bally be  made  by  the  introducer. 

Rule  24. 

Every  section  of  the  Constitution  shall  receive  three  readings 
previous  to  its  being  adopted;  the  President  shall  give  notice 
at  each  whether  it  be  the  first,  second  or  third,  which  readings 
shall  be  on  three  different  days,  unless  two-thirds  of  the  House 
declare  otherwise;  and  when  any  Section,  Ordinance  or  Reso- 
lution of  the  Constitution  shall  have  been  read  the  third  time, 
the  same  shall  be  put  to  a  vote  upon  the  question  of  its  final 
adoption,  which  vote  shall  in  all  cases  be  taken  by  ayes  and 
noes,  by  calling  the  roll,  and  said  vote  shall  be  spread  upon  the 
Journal,  and  it  shall  require  a  majority  vote  of  all  the  mem- 
bers elected  to  this  Convention  to  adopt  any  Section,  Article  or 
Ordinance  of  the  Constitution. 

Rule  25. 

The  Standing  Committees  of  this  Convention  shall  be  as  fol- 
lows, and  shall  consist  of  nine  members  each,  unless  otherwise 
specified : 

1.  A  Committee  on  Preamble  and  Bill  of  Rights. 

2.  A  Committee  on  the  Legislative  Department — of  eleven 
members. 


49 

3.  A  Committee  on  the  Executive  and  Administrative  De- 
partment. 

4.  A  Committee  on  the  Judicial  Department — thirteen  mem- 
bers. 

5.  A  Committee  on  Census,  Apportionment  and  Boundaries — 
thirteen  members. 

6.  A  Committee  on  Suffrage  and  Eligibility — eleven  mem- 
bers. 

v.  A  Committee  on  Education. 

8.  A  Committee  on  Homestead  and  Exemption  and  Prop- 
erty of  Married  Women. 

9.  A  Committee  on  Public  Institutions. 

10.  A  Committee  on  Taxation  and  Finance — eleven  mem- 
bers. 

11.  A  Committee  on  Private  Corporations. 

12.  A  Committee  on  Militia. 

13.  A  Committee  on  the  Amendments  to  the  Constitution. 

14.  A  Committee  on  County,  Township  and  City  Organiza- 
tions. 

15.  A  Committee  on  Miscellaneous  Provisions. 

16.  A  Committee  on  Style  and  Arrangement  of  the  Consti- 
tution— eleven  members. 

17.  A  Committee  on  Schedule. 

18.  A  Committee  on  Temperance — -seven  members. 

19.  A  Committee  on  Engrossment  and  Enrollment — five 
members. 

20.  A  Committee  on  Expenditures — five  members. 

21.  A  Committee  on  Printing — five  members. 

22.  A  Committee  to  Revise  and  Supervise  the  Recording  of 
the  Journal — five  members. 

Rule  26. 

The  proceedings  of  the  Convention  shall  be  entered  on  the 
Journals  concisely,  under  the  supervision  of  the  President, 

Rule  27. 

All  resolutions  presented  to  this  House  shall  lie  on  the  table 
one  day  before  any  vote  shall  be  taken  on  the  adoption  of  the 
same,  unless  by  unanimous  consent  of  the  House  this  rule  be 
waived,  and  shall  be  entered  on  the  Journal  only  by  their  title. 


50 


Rule  28. 

All  articles,  sectioni,  ordinances  and  resolutions  pertaining 
to  the  Constitution  shall  be  referred  to  the  appropriate  com- 
mittees without  debate. 

Rule  29. 

A  majoritj  of  this  Convention  shall  constitute  a  quorum  to 
do  business,  but  a  smaller  number  may  adjourn  from  day  to 
day  and  order  such  action  as  will  compel  the  attendance  of  ab- 
sent members. 

Rule  30. 

No  member  shall  absent  himself  from  the  Convention  with- 
out leave. 

Rule  31. 

The  rules  of  parliamentary  practice  comprised  in  Jefferson's 
Manual  shall  govern  the  House  in  all  cases  to.  which  they  are 
applicable,  and  in  which  they  are  not  inconsistent  with  the 
standing  rules  and  orders  of  the  House. 

Rule  32. 

If  any  person  shall  commit  any  contempt  of  this  Conven- 
tion, or  breach  of  privilege,  he  shall  be  punished  therefor  as 
the  House  may  direct ;  and  the  President  shall  have  power  to 
order  the  Sergeant-at-Arms  to  take  into  custody  and  bring  be- 
fore the  bar  of  the  House  any  person  guilty  of  such  contempt 
or  breach  of  privilege. 

Rule  33. 

The  regular  hour  for  the  Convention  to  meet  shall  be  10 
o'clock  A.  M.,  unless  otherwise  ordered. 

Rule  34. 

Any  of  these  rules  may  be  altered,  suspended  or  rescinded 
by  a  two-thirds  vote  of  the  House. 


51 


SIXTH  DAY. 


MONDAY,  June  15,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  members  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,^Gillis, 
Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Landrum,  Lesley,  Lutterloh,  Mann, 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Monsalvatge, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oli- 
veros,  Orman,  Parker,  Parsons,  Paterson,  Pelot,  Petty,  Ran- 
dall of  Duval,  Randall  of  Madison,  Randolph,  Richard,  Rob- 
ertson, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 99. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Randall,  of  Madison,  offered  a  resolution  relative  to 
elections, 

Mr.  Hendley  offered  a  resolution  relative  to  elections  and 
terms  of  officers. 

Also,  a  resolution  relative  to  apportionment. 

Mr.  Fowler  offered  a  resolution  relative  to  appeals. 

Also,  a  resolution  relative  to  suffrage. 

Also,  a  resolution  relative  to  Internal  Improvement  Board. 
Mr.  Rogers  offered  a  resolution  to  regulate  railroad  tariffs. 
Mr.  Morgan  offered  a  resolution  relative  to  electors  and 
franchise. 

Mr.  Stone  offered  a  resolution  relative  to  cost  in  criminal 
cases. 


52 


Also,  a  resolution  relative  to  elections. 
Also,  a  resolution  illative  to  Board  of  Education. 
Mr.  Tolbert  offered  a  resolution  relative  to  the  election  of 
officers. 

Mr.  Walker,  Jr.,  offered  a  resolution  relative  to  the  election 
of  officers. 

Mr.  Rogers  offered  a  resolution  relative  to  poll  tax. 

Mr.  Parker  offered  a  resolution  declaring  that  the  Constitu- 
tion shall  place  no  restriction  or  limitation  on  the  power  of  the 
Legislature  to  organize  new  counties. 

Mr.  Randolph  offered  the  following  resolution  : 

Resolved^  That  we  proceed  to  the  election  of  a  Vice  Pres> 
ident  or  President  pro  tern,  for  this  Convention. 

Mr.  Mann  offered  the  following  resolution : 

Whei^eas ;  In  the  organization  of  Conventions  of  the  char- 
acter and  purpose  of  this  body,  it  has  been  usual  to  elect 
one  or  more  Vice-Presidents,  (or  Presidents  pro  tern.)  to  take 
the  Chair  when  the  President  may  desire  to  become  an  active 
member,  engaging  in  the  debates  of  the  body,  or  from  sick- 
ness or  other  cause  may  be  unable  to  serve ;  I  therefore  move^ 
that  we  proceed  to  complete  our  organization  by  the  election 
of  two  (2)  Vice-Presidents,  and  nominate  for  these  positions 
Hon.  J.  E.  Yonge,  of  Escambia,  and  Hon.  John  T.  Lesley,  of 
Hillsborough. 

Mr.  Chandler  moved  that  the  rule  be  waived  and  that  the 
Convention  proceed  to  the  election  of  two  Vice-Presidents,  in 
accordance  with  the  resolution  just  read; 

Which  was  agreed  to. 

Mr.  Fowler  moved  to  elect  by  acclamation ;  which  wa& 
agreed  to,  and  Mr.  Yonge  and  Mr.  Lesley  were  declared  unan- 
imously elected  to  the  positions  of  First  and  Second  Vice- 
Presidents  of  this  Convention,  in  the  order  as  named. 

Mr.  Johnston  offered  a  resolution  to  regulate  charges  by 
railroad,  telegraph  and  express  companies. 

Mr.  Orman  offered  a  resolution  relative  to  apportionment 
and  representation. 

Mr.  Carter  offered  a  resolution  relative  to  the  judicial 
system. 

Mr.  Paterson  moved  that  inasmuch  as  Mr.  George  Dice,  one 
of  the  messengers  of  this  body,  was  temporarily  excused  on 
last  Saturday  on  account  of  sickness  in  his  family,  and  has  not 
yet  returned,  that  the  sergeant-at-arms  be  required  to  secure  the 
assistance  of  a  messenger  until  Mr.  Dice  returns. 

Mr.  McKinnon  moved  to  lay  the  motion  on  the  table  ; 

Which  was  agreed  to. 


53 


The  President  announced  the  following  standing  commit- 
tees : 

1.  On  Preamble  and  Bill  of  Rights. 
MR.  MILTOX,  Chairman. 

Messrs.  PATERSON,  HEXDLEY, 

HUMPHFvIES,  BELL,  of  Brevard, 

BLACKBLTRX,  MILLER, 

CAMPBELL,  CARR. 

2.  Legislative  Department. 

MR.  BETHEL,  Chairman. 

Messrs.  OLIVEROS,  HOPE, 

TAYLOR,  GREEN, 

SWEARIXGEN,  HEXDERSOX, 

McKIXXOX,  COXOVER, 

DUXCAX,  THOMPSOX. 

3.  Executive  and  Administrative  Department. 

MR.  MAXWELL,  Chairman. 
Messrs.  MARSHALL,  COOK, 

YOXGE,  PARKER, 
BEXXETT,  RO\YE, 
FOG  ARTY,  MITCHELL. 

4.  Judicial  Department. 

MR.  SAXCHEZ,  Chairman. 
Messrs.  MILTOX,  WALKER,  Jk., 

BLOUXT,  WESTCOTT, 
MALOXE,  GILLIS, 
WILSOX,  of  Polk  and      CLARKE,  of  Jefferson, 

CARTER,   '  RAXD ALL,  of  Duval, 

MAXX,  MILLER. 

5.  Census^  Apportionment  and  Boundaries. 

Mr.  McCLELLAX,  Chairman. 

Messrs.  LOVE,  SPEER, 

LESLEY,  CLARKE  of  Jefferson, 

HOCKER,  COKER, 

TEDDER,  W'HITMIRE, 

JOHXSTOX,  CHAXDLER, 

WELLMAX,  BAKER. 


54 


6.  Suffrage  and  Eligibility. 

Mr.  MANN,  Chairman. 

Messrs.  PELOT,  GOODBREAD, 

ORMAN,  TURNBULL, 

MONSALVATGE,  ODOM, 

WALKER,  Jr.,  GOSS, 

TOLBERT,  GIBBS. 

Y.  Education. 
Mr.  WALL,  Chairman. 
Messrs.  SHEATS,  CARTER, 
LANDRUM,  SCOTT, 
IVES,  LEWIS, 
PATERSON,  CHANDLER. 

8.  Homestead  and  Exemptions  and  Married  Woman'' s 

erty. 

Mr.  ORMAN,  Chairman. 
Messrs.  BROOME,  PARKHILL, 
MALONE,  BUSH, 
LANDRUM,  RANDALL,  of  Duval 

RICHARD,  MITCHELL. 

9.  Public  Institutions. 
Mr.  HOCKER,  Chairman. 
Messrs.  LUTTERLOH,  MORGAN, 

RANDOLPH,  CLARK,  of  Jackson, 

BELL,  of  Hamilton,  PETTY, 
CAMPBELL,  CONOVER. 

10.  Taxation  and  Finance. 
Mr.  McCASKILL,  Chairman. 

Messrs.  BETHEL,  EARLE, 

BLOUNT,  GENOVAR, 

JONES,  RANDOLPH, 

PARSONS,  GREELEY, 

WEEKS,  FOWLER. 

11.  Private  Corporations. 
Mr.  LESLEY,  Chairman, 

Messrs.  EARLE,  EDGE, 

WYLLY,  HAUSMAN, 

HUNTER,  CHALLEN, 

McCLELLAN,  HARGRET. 


55 


12.  Militia. 

Mr.  SWEARINGEN,  Chairman. 
Messrs.  PARKHILL,  COKER, 
FOGARTY,  IVES, 
WEEKS,  FOWLER, 
RANDALL,  of  Madison,  TOMPKINS. 

13.  Amendments  to  Constitution. 

Mr.  WESTCOTT,  Chairman.  .  . 

Messrs.  McKINNON,  DAVIS, 

DAVIDSON,  W  ADSW  ORTH, 

WILSON,  of  Clay,  TOMPKINS, 
HICKS,  BAKER. 

14.  County^  Township  and  City  Organization. 

Mr.  YONGE,  Chairman. 
Messrs.  MONSALVATGE,  HAUSMAN,  * 

SHEATS,  HICKS, 
GENOVAR,  WALTER, 
LUTTERLOH,  CARR. 

15.  Miscellaneous  Provisions, 

Mr.  LOVE,  Chairman. 
Messrs.  McCASKILL,  HERNDON, 
WILSON  of  Polk,  STONE, 
WELLMAN,  PETTY, 
CARSON,  CHALLEN. 

16.  Style  and  Arrangenent  of  Co)istitution. 

Mr.  TAYLOR,  Chairman. 
Messrs.  MAXWELL,  HUMPHRIES, 
DAVIDSON,  TOLBERT, 
JONES,  WYLLY, 
DAVIS,  WALTER,  . 

HENDLEY,  ROWE. 

IV.  Schedule^ 

Mr.  PELOT,  Chairman. 
Messrs.  BENNETT,  WHITMIRE, 
ROGERS,  ROBERTSON, 
HATCH,  GOSS, 
NEEL,  ZIPPERER. 


56 


18.  Temperance. 

Mr.  SPEER,  Chairman. 
Messrs.  MARSHALL,  BUSH, 

ROGERS,  GREELEY, 
HUNTER,  HARGRET. 

19.  Enrollmeyit  and  Engrossment. 

Mr.  OLIYEROS,  Chairman. 
Messrs.  HOPE,  DUNCAN, 

RANDALL,  of  Madison,  THOMPSON. 

20.  Expenditures. 

Mr.  BROOME,  Chairman. 
Messrs.  GREEN,  COOK, 

MORGAN,  ZIPPERER. 

21.  Printing. 

Mr.  TURNBULL,  Chairman. 
Messrs.  JOHNSTON,  BLACKBURN, 
WALL,  GIBBS. 

22.  Revise  and  Supervise  Recording  of  Journal. 

Mr.  GILLIS,  Chairman. 
Messrs.  NEEL,  ODOM, 
SCOTT,  LEWIS. 

Which  were  read. 

Mr.  Oliveros  moved  that  200  copies  of  the  committees  just 
read  be  printed  for  the  use  of  the  Convention. 

Mr.  Taylor  moved  to  increase  the  number  to  300  ; 

Which  was  accepted,  and  the  motion  agreed  to. 

Mr.  Conover  was  excused  on  account  of  sickness. 

Mr.  Yonge  moved  that  all  resolutions  on  the  Clerk's  desk 
be  read  by  their  titles  and  referred  to  appropriate  committees  ; 

Which  was  agreed  to,  and  the  following  resolutions  were 
read  by  their  titles  and  referred,  as  follows : 

By  Mr.  Bennett,  Resolution  No.  1  :  Relative  to  the  Liquor 
Traffic. 

Referred  to  the  Committee  on  Temperance. 
By  Mr.  Campbell,  Resolution  No.  2  :  Relative  to  the  election 
of  officers. 

Referred  to  the  Committee  on  Judiciary. 
By  Mr.  Wilson  of  Polk,  Resolution  No.  3  :  On  limiting  Leg- 
islation. 


57 


Referred  to  the  Committee  on  Legislative  Department. 
By  Mr.  Randall  of  Madison,  Resolution  No.  4  :  In  reference 
to  elections. 

Referred  to  Committee  on  Judiciary. 

By  Mr.  Hendley,  Resolution  No.  5  :  Relating  to  elections 
and  terms  of  officers. 

Referred  to  Committee  on  Constitutional  Amendments. 

By  Mr.  Hendlej^,  Resolution  No.  6  :  Relative  to  apportion- 
ment. 

Referred  to  Committee  on  Census,  Apportionment  and 
Boundaries. 

By  Mr,  Fowler,  Resolution  No.  7  :  Relative  to  appeals. 

Referred  to  Committee  on  Judiciary. 

By  Mr.  Fowler,  Resolution  No.  8  :  Relative  to  suffrage. 

Referred  to  the  Committee  on  Suffrage  and  Eligibility. 

By  Mr.  Fowler,  Resolution  No.  9 :  In  relation  to  Board  of 
Internal  Improvement. 

Referred  to  the  Legislative  Committee. 

By  Mr.  Rogers,  Resolution  No.  10 :  To  regulate  railroad 
tariffs. 

Referred  to  the  Judiciary  Committee. 

B}'  Mr.  Morgan,  Resolution  No.  11 :  Relative  to  electors  and 
franchise. 

Referred  to  Committee  on  Suffrage  and  Eligibility. 
By  Mr.  Stone,  Resolution  No.  12  :  Relative  to  costs  in  crim- 
inal cases. 

Referred  to  Committee  on  Taxation  and  Finance. 
By  Mr.  Stone,  Resolution  No.  13  :  In  relation  to  electors. 
Referred  to  Committee  on  Suffrage  and  Eligibility. 
B}^  Mr.  Stone,  Resolution  No.  14 :  Relative  to  Boards  of 
Education. 

Referred  to  Committee  on  Judiciary. 

By  Mr.  Tolbert,  Resolution  No.  15  :  Relative  to  the  election 
of  officers. 

Referred  to  Committee  on  Suffrage  and  Eligibility. 

By  Mr.  Walker,  Jr.,  Resolution  Nol6:  Relative  to  election 
of  officers. 

Referred  to  Committee  on  Judiciary. 

By  Mr.  Rogers,  Resolution  No.  17  :  Relative  to  poll  tax. 

Referred  to  the  Committee  on  Finance  and  Taxation. 

By  Mr.  Parker,  Resolution  No.  18  :  Declaring  that  the  Con- 
stitution shall  place  no  restrictions  or  limitations  on  the  power 
of  the  Legislature  to  organize  new  counties. 

Referred  to  the  Legislative  Committee. 

By  Mr.  Johnston,  Resolution  No.  19 :  To  regulate  the 
charges  by  railroad,  telegraph  and  express  companies. 


58 


Referred  to  the  Committee  on  Private  Corporations. 

By  Mr.  Orman,  Resolution  No.  20 :  Relative  to  apportion- 
ment and  representation. 

Referred  to  Committee  on  Legislative  Department. 

By  Mr.  Carter,  Resolution  No.  21 :  Relative  to  the  judicial 
system. 

Referred  to  Committee  on  Judiciary. 

By  Mr.  Randall  of  Duval,  Resolution  No.  22  :  Relative  to 
submitting  the  Constitution  to  a  vote  of  the  people. 
Referred  to  Committee  on  Schedule. 

Mr.  Randall,  of  Duval,  called  up  the  following  resolution 
offered  by  him  on  Saturday  : 

"  Resolved^  That  the  Constitution  to  be  formed  by  this  Con- 
vention shall  be  submitted  to  a  vote  of  the  registerd  voters  of 
this  State  and  adopted  by  a  majority  of  votes  cast  before  the 
same  shall  be  in  force,"  and  moved  its  adoption. 

Mr.  Chandler  moved  to  amend  as  follows  : 
Before  the  word  "  that,"  add  *'that  it  is  the  sense  of  this 
Convention;" 

Which  was  accepted. 

Mr.  Baker  moved  to  suspend  the  rules  and  take  up  the  res- 
olution. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Bethel,  Bush, 
Campbell,  Carr,  Challen,  Chandler,  Edge,  Fogarty,  Fowler, 
Gibbs,  Groodbread,  Goss,  Greeley,  Green,  Hargret,  Lesley, 
Maxwell,  Mitchell,  Monsalvatge,  McCaskill,  McClellan,  Mc- 
Kinnon,  Neel,  Pelot,  Petty,  Randall  of  Duval,  Randolph, 
Rogers,  Sanchez,  Sheats,  Thompson,  Tolbert,  Tompkins, 
Walker,  Jr.,  Wall,  Walter,  Whitmire,  Yonge  and  Zipperer — 41. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Black- 
burn, Blount,  Broome,  Carter,  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Cook,  Davidson,  Davis,  Duncan,  Earle, 
Genovar,  Gillis,  Hatch,  Hausman,  Hendley,  Henderson,  Hern- 
don,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Lan- 
drum,  Lutterloh,  Marshall,  Milton,  Morgan,  Odom,  Oliveros, 
Orman,  Parker,  Parsons,  Paterson,  Randall  of  Madison, 
Richard,  Robertson,  Rowe,  Scott,  Speer,  Stone,  Swearingen, 
Taylor,  Tedder,  Wadsworth,  Weeks,  Wellman,  Westcott,  Wil- 
son of  Clay,  Wilson  of  Polk  and  Manatee,  and  Wylly — 57. 

So  the  motion  to  suspend  the  rules  was  lost,  and  the  resolu- 
tion was  referred  to  the  Committee  on  Schedule. 

Mr.  Randall,  of  Duval,  moved  that  the  committee  be  in- 
structed to  report  on  the  resolution  to-morrow  ; 


59 


Which  was  agreed  to. 

Mr.  Speer  asked  to  have  all  papers  in  his  hands  relating  to 
temperance  referred  to  the  Standing  Committee  on  Temper- 
ance ; 

Which  was  agreed  to. 

Mr.  Maxwell  asked  an  indefinite  leave  of  absence  for  Mr. 
Greele}^  on  account  of  the  sickness  of  Mrs.  Greeley  ; 
Which  was  granted. 

Mr.  McCaskill  moved  that  the  Convention  do  now  adjourn 
to  give  the  committees  time  to  work  ; 

Which  was  agreed  to,  and  the  Convention  was  adjourned  unr= 
til  10  o'clock  A.  M.  to-morrow. 


SEVENTH  DAY. 


TUESDAY,  JuxNE  16.  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  was  called  and  the  following  delegates  answered  to» 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade^ 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogart}^,  Fowler,  Cenovar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell^ 
Miller,  Milton,  Mitchell,  Monsalvatge,  Morgan,  McCaskill, 
McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval, 
Kandall  of  Madison,  Randolph,  Richard,  Robertson,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Tay- 
lor, Tedder,  Thompson,  Tolbert,  Tom])kins,  TurnbuU,  Wads- 
worth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott, 
Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee^ 
Wylly,  Yonge  and  Zipperer — 106. 

A  quorum  present. 

Prayer  by  the  Chaplain, 


60 


Mr.  Challen  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Carson  was  excused  on  account  of  sickness. 

Mr.  Bell,  of  Hamilton,  was  indefinitely  excused  on  account 
of  sickness. 

Mr.  Bell,  of  Brevard,  was  excused  on  account  of  sickness. 

It  was  moved  and  carried  that  all  memorials  and  petitions 
be  read  only  by  their  title  and  referred  to  the  appropriate  com- 
mittees. 

Mr.  Hocker  introduced  several  petitions  on  the  subject  of 
temperance  from  the  citizens  of  Sumter  county  ; 

Which  were  read  and  referred  to  the  Committee  on  Temper- 
ance. 

Mr.  Randall  introduced  a  communication  addressed  to  the 
Convention  in  regard  to  the  exorbitant  rates  charged  by  cor- 
porations ; 

Which  was  read  and  referred  to  Committee  on  Private  Cor- 
porations. 

The  following  resolutions  were  introduced: 
By  Mr.  Hendley,  Resolution  No.  23  :    Relating  to  jurisdic- 
tion of  courts ; 

Which  was  referred  to  Committee  on  Judiciary  Depart- 
ment. 

By  Mr.  Clark,  of  Jackson,  Resolution  No.  24  :  On  Special 
Taxation ; 

Which  was  referred  to  Committee  on  Finance  and  Taxa- 
tion. 

By  Mr.  Morgan,  Resolution  No.  25  :  Relative  to  Home- 
steads ; 

Which  was  referred  to  Committee  on  Homesteads. 
By  Mr.  Jones,  Resolution  No.  26 :  Relative  to  exemptions  ; 
Which  was  referred  to  Committee  on  Homesteads. 
By  Mr.  Davis,  Resolution  No.  27  :  Relative  to  grand  jurors  ; 
Which  was  referred  to  the  Committee  on  Judiciary  Depart- 
ment. 

By  Mr.  McKinnon,  Resolution  No.  28  :  Relative  to  blanks 
for  committees. 

By  Mr.  Mann,  Resolution  No.  29 :  Relative  to  printing  res- 
olutions ; 

Which  was  laid  over  under  the  rules. 

By  Mr.  Gillis,  Resolution  No.' 30 :  Relative  to  blank  reports  ; 
Which  was  laid  over  under  the  rules. 

By  Mr.  Gillis,  Resolution  No.  31  :  Mode  of  amending  the 
Constitution ; 


61 


Which  was  referred  to  Committee  on  Constitutional  Amend- 
ments. 

By  Mr.  Speer,  Resolution  No  32  :  Prohibiting  transporta- 
tion companies  in  Florida  from  issuing  free  passes  to  all  office- 
holders ; 

Which  was  read  and  referred  to  Committee  on  Miscellaneous 
Provisions. 

By  Mr.  Marshall,  Resolution  Xo.  33  :  Relative  to  duties  of 
standing  committees ; 
Which  was  read. 

By  Mr.  Wylly,  Resolution  Xo.  34  :  For  the  appointment  of 
a  special  committee  on  Public  Health ; 
Which  was  read. 

By  Mr,  Miller,  Resolution  Xo.  35  :  Relative  to  the  introduc- 
tion of  resolutions  ; 

Which  was  laid  over  under  the  rules. 

By  Mr.  Hunter,  Resolution  Xo.  36  :  To  regulate  the  liquor 
traffic  ; 

Which  was  read  and  referred  to  Committee  on  Temperance. 

By  Mr.  Rogers,  Resolution  Xo.  37  :  To  make  rolling  stock 
of  railroads  personal  property  ; 

Which  was  read  and  referred  to  Committee  on  Finance  and 
Taxation. 

By  Mr.  Rogers,  Resolution  Xo.  38  :  Relative  to  selection 
of  jurors ; 

Which  was  read  and  referred  to  Committee  on  Judicial  De- 
partment. 

Bv  Mr.  Rogers,  Resolution  Xo.  39:  Relative  to  divorce  ; 
Which  was  read  and  referred  to  Committee  on  Judicial  De- 
partment. 

By  Mr.  Bush,  Resolution  Xo.  40 :  Relative  to  Agricultural 
College  ; 

Which  was  read  and  referred  to  Committee  on  Education. 
By  Mr.  Blackburn,  Resolution  Xo.  41  :  Relating  to  temper- 
ance ; 

Which  was  read  and  referred  to  Committee  on  Temperance 
By  Mr.  Blackburn,  Resolution  Xo.  42  :  Relating  to  poll  tax  ; 
Which  was  read  and  referred  to  Committee  on  Finance  and 
Taxation. 

By  Mr.  Bush,  Resolution  Xo.  43  :  On  apportionment  of  rep- 
resentation ; 

Which  was  read  and  referred  to  Committee  on  Census.  Ap- 
portionment and  Boundaries. 

By  Mr.  Carter,  Resolution  Xo.  44  :  Relating  to  exemptions  ; 
Which  was  read  and  referred  to  Committee  on  Homesteads. 


62 


By  Mr.  Mann,  Resolution  No.  45  :  Relative  to  introduction 
of  new  matter ; 

Which  was  read  by  consent,  and  on  motion  of  Mr.  Challen, 
was  laid  on  the  table. 

By  Mr.  Mann,  Resolution  No.  46 :  Relative  to  county 
divisions ; 

Which  was  read  and  referred  to  Committee  on  Township, 
County  and  City  Organization. 

By  Mr.  Mann,  Resolution  No.  4t :  Relative  to  bribery  of 
officials ; 

Which  was  read  and  referred  to  Committee  on  Judicial  De- 
partment. 

By  Mr.  Mann,  Resolution  No.  48 :  Relative  to  condemna- 
tion of  private  property  ; 

Which  was  read  and  referred  to  Committee  on  Judicial  De- 
partment. 

By  Mr.  Mann,  Resolution  No.  49 :  Relative  to  homestead 
•exemptions  ; 

Which  was  read  and  referred  to  Committee  on  Homestead. 

By  Mr.  Walter,  Resolution  No.  50  :  Relative  to  homesteads  ; 

Which  was  read  and  referred  to  Committe  on  Homestead. 

By  Mr.  Miller,  Resolution  No.  51  :  Relative  to  the  passage 
by  the  Legislature  of  private  bills  and  bills  changing  boundary 
lines  of  counties ; 

Which  was  read  and  referred  to  Committee  on  Miscellaneous 
Provisions. 

By  Mr.  Miller,  Resolution  No.  52  :  That  women  be  allowed 
to  vote  on  the  election  of  school  officers,  on  all  questions  relat- 
ing to  schools,  and  be  eligible  for  election  to  any  office  per- 
taining to  the  management  of  schools  ; 

Which  was  read  and  referred  to  Committee  on  Suffrage  and 
Eligibility. 

By  Mr.  Johnston,  Resolution  No.  53  :  To  prescribe  and  de- 
fine certain  disqualifications  for  office  under  the  Constitution 
and  laws  of  this  State  ; 

Which  was  read  and  referred  to  Committee  on  Suffrage  and 
Eligibility. 

By  Mr.  Walker,  Jr.,  Resolution  No.  54:  Requiring  com- 
mittees to  report  within  seven  days  ; 

Which  was  read  and  laid  over  under  the  rule. 

By  Mr.  Greeley,  Resolution  No  55  :  To  establish  Muni- 
cipal Court ; 

Which  was  read  and  referred  to  Committee  on  Judiciary 
Department. 

By  Mr.  Conover,  Resolution  No.  56  :  Changing  Rule  No. 
23  of  this  Convention  ; 


63 


Which  was  read  and  referred  to  Committee  on  Kules. 

By  Mr.  Thompson,  Resolution  Xo.  57  :  Relative  to  duties 
of  Standing  Committees  of  this  body  ; 

Which  was  read  and  laid  over  under  the  rule. 

By  Mr.  Turnbull,  Resolution  Xo.  58  :  Relative  to  vote  on 
the  liquor  question  ; 

Which  was  read  and  referred  to  Committee  on  Temperance. 

By  Mr.  Ives,  Resolution  Xo.  59  :  To  limit  period  of  im- 
prisonment for  fines  ; 

Which  was  read  and  referred  to  Committee  on  Judiciary  De- 
partment. 

By  Mr.  Ives,  Resolution  Xo.  60  :  To  abolish  swearing  to 
common  law  pleas  ; 

Which  was  referred  to  Committee  on  Judiciary  Depart- 
ment. 

B}^  Mr.  Ives,  Resolution  Xo.  61 :  Relative  to  printing  pro- 
ceedings of  this  Convention  ; 

Which  was  read  and  laid  over  under  the  rules. 

By  Mr.  Ives,  Resolution  Xo.  62:  Relating  to  appeals  from 
trials  in  inferior  courts  ; 

Which  was  referred  to  Committee  on  Judiciary  Department. 

B}'  Mr.  Landrum,  Resolution  Xo.  63 ;  Relative  to  the  tenure 
of  office ; 

Which  was  read  and  referred  to  the  Committee  on  Judiciary 
Department. 

By  Mr.  Parkhill,  Resolution  Xo.  64 :  Relative  to  election  of 
officers  ; 

Which  was  read  and  referred  to  the  Committee  on  Suffrage 
and  Eligibility. 

By  permission  Mr.  Lesley  offered  the  following : 

The  members  of  the  Convention  are  most  respectfully  in- 
vited to  visit,  at  any  time,  the  museums  and  cabinets  of  the 
Universitj^  in  the  building  of  the  Madical  Department.  The 
janitor  is  present  there  all  the  time,  and  will  ever  be  ready  to 
admit  all  visitors. 

J.  KosT,  Chancellor. 

Which  was  read,  and,  upon  motion,  the  invitation  was  ac- 
cepted and  the  thanks  of  this  body  returned. 
Mr.  Mann  moved  as  follows  : 

Moved,  That  Rule  27  be  amended  so  as  to  read  as  follows  : 
After  "  shall,"  in  first  line,  insert  "  be  read  by  its  title." 
In  last  line  strike  out  "  entered  "  and  insert  "  spread." 
In  same  line  strike  out  "  onh^  by  their  title." 
Mr.  Miller  mov^ed  that  the  rules  be  waived  and  the  motion  of 
Mr.  Mann  be  acted  upon  immediately. 


64 


The  question  was  upon  the  suspension  of  the  rule ; 
Which  was  not  agreed  to. 

The  following  resolution,  offered  by  Mr.  McKinnon,  was 
taken  up  : 

Resolved^  That  the  sergeant-at-arms  be  directed  to  have 
blank  notices  prepared  for  the  use  of  the  chairman  of  each  of 
the  standing  committees,  and  that  the  chairman  of  said  com- 
mittees be  required  to  give  written  notice  to  each  of  the  mem- 
bers present,  of  their  respective  committees,  of  the  time  and 
place  of  the  meeting  of  the  committee  ; 

Which  was  read. 

On  motion  of  Mr.  Grreen  the  rule  was  suspended  and  the  res- 
olution adopted. 

The  following  resolution,  offered   by  Mr.  Marshall,  was 

taken  up : 

Resolved.  That  the  several  standing  committees  of  this  Con- 
vention are  instructed  to  examine,  without  unnecessary  delay, 
all  resolutions,  ordinances,  petitions,  or  other  matters  referred 
to  them  by  this  body,  for  the  purpose  of  ascertaining  whether 
any  of  the  same,  or  any  part  thereof,  cannot  be  properly  con- 
sidered and  reported  upon  by  them,  and  that  they,  as  early  as 
possible,  report  back  to  the  Convention  all  matters  improperly 
referred,  with  their  recommendation  as  to  the  proper  referecan 
to  be  made  ; 

Which  was  read. 

On  motion,  the  rules  were  suspended  and  the  resolution 
adopted. 

The  following  resolution,  offered  by  Mr.  Wylly,  was  taken 
up: 

Whereas,  In  the  list  of  standing  committees  of  this  Conven- 
tion there  is  none  whose  duty  it  is  to  take  measures  for  the 
protection  of  residents  of  the  State  against  the  importation  of 
disease  from  abroad,  or  the  spreading  of  such  diseases  within 
the  boundaries  of  the  State  ;  therefore,  be  it 

Resolved,  That  a  special  committee  of  seven  be  appointed 
by  the  President  to  take  charge  of  all  communications  relating 
to  the  question  of  quarantine,  or  the  qualifications  necessarjr 
for  the  practice  of  medicine  in  the  State,  and  everything  re- 
lating to  the  public  health,  and  report  their  deliberations  and 
recommendations  to  this  Convention  ; 

Which  was  read. 

On  motion  the  rule  was  suspended  and  the  resolution 
adopted. 

Mr.  Blount  introduced  Ordinance  No.  1:  Defining  the  dis- 


65 


tribution  of  judicial  powers,  and  providing  for  the  appointment 
of  J udges  ; 

Wiiicli  was  read  by  its  title  and  referred  to  the  Judiciary 
Department  Committee. 

Mr.  Blount  introduced  Ordinance  Xo.  2  :  Providing  for  the 
creation  of  criminal  courts  for  the  counties  of  Duval.  Escam- 
bia and  Monroe  ; 

Which  was  read  by  its  title  and  referred  to  the  Committee 
on  Judiciar^y  Department. 

Mr.  Yonge  introduced  Ordinance  Xo.  3  :  Section  —  of  Ar- 
ticle —  No.  — ,  embracing  Executive  and  Administrative  De- 
partment, relating  to  election  of  Governor  ; 

Which  was  read  and  referred  to  the  Executive  and  Adminis- 
trative Committee. 

Mr.  Baker  was  granted  a  leave  of  absence  for  two  days  after 
to-day. 

Mr.  Paterson  was  granted  a  leave  of  absence  for  two  days 
after  to-da3\ 

Mr.  Pelot,  Chairman  of  Committee  on  Schedule,  made  the 
following  report : 

Convention  Hall.  Tall.vhassee,  Fla,,  June  IG.  1885. 

Hon.  Samuel  Pasco. 

President  of  the  Constitutional  Convention  : 

Sir  :  Your  Committee  on  Schedule  would  respectfully  re- 
port that  they  have  had  under  consideration  the  special  matter 
refi^rred,  and  while  the}'  do  not  admit  its  necessity  at]  the 
present  stage  of  our  proceedings,  or  that  there  exists  serious 
fears  as  to  the  future  action  of  tlie  Convention  in  this  matter, 
3'et  that  no  foundation  be  given,  from  which  improper  inferences 
may  be  drawn,  or  the  harmonj'  of  our  actions  be  disturbed, 
your  committee  would  report  back  the  resolution  as  revised 
and  recommend  its  adoption. 

RESOLUTION  AS  REVISED. 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
Constitution  to  be  formed  by  this  Convention  shall  be  sub- 
mitted to  a  vote  of  the  legally'  qualified  electors  of  this  State, 
and  be  adopted  by  a  majority  of  the  votes  cast  before  the  same 
shall  be  in  force. 

J.  C.  Pelot,  Chairman. 

Which  was  read. 

Upon  motion  the  report  was  received  and  adopted. 
Mr.  Bethel,  Chairman  of  the  Committee  on  Legislative  De- 
partment, made  the  following  report : 
5 


66 


Convention  Hall,  Tallahassee,  Fla.,  June  16,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Legislative  Department,  to  whom 
was  referred  Resolution  in  re  Board  of  Internal  Im- 
provement ,  also.  Resolution  relative  to  apportionment  and 
representatives  ;  also.  Resolution  declaring  that  the  Conven- 
tion shall  place  no  restrictions  or  limitations  on  the  power  of 
the  Legislature  to  organize  new  counties  ;  beg  leave  to  report, 
that  they  have  considered  the  same,  and  finding  that  said  reso- 
lutions do  not  in  any  manner  refer  to  the  Legislative  Depart- 
ment, would  recommend  that  the  Resolution  in  re  Board  of 
Internal  Improvement  be  referred  to  the  Committee  on  Judicial 
Department ;  also,  Resolution  relative  to  apportionment  and 
representatives ;  also.  Resolution  declaring  that  the  Constitu- 
tion shall  place  norestrictions  or  limitations  on  the  power  of 
the  Legislature  to  organize  new  counties,  be  referred  to  the 
Committee  on  Census,  Apportionment  and  Boundaries. 

Yery  respectfully, 
L.  W.  Bethel, 

Chairman  Committee. 

Which  was  read. 

Upon  motion  of  Mr.  McKinnon  the  report  was  received  and 
adopted,  and  the  resolutions  referred  to  were  re-referred,  as 
suggested  in  the  report. 

Mr.  Gillis,  Chairman  of  the  Committee  on  Revising  and 
Supervising  the  Recording  of  the  Journal,  made  the  following 
report : 

Convention  Hall,  \ 
Tallahassee,  Fla.,  June  16,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir: — The  Committee  on  the  Revising  and  Supervising  the 
Recording  of  the  Journal  instruct  me  to  report  that  they  have 
examined  and  compared  the  Journal  so  far,  up  to  the  proceed- 
ings of  the  fourth  day,  and  have  made  all  needed  and  proper 
corrections,  and  that  they  find  the  said  Journal  neatly  and 
correctly  kept. 

Irving  Gillis,  Chairman. 

Which  was  read,  and,  upon  motion,  was  adopted. 
Mr.  Randall  offered  the  following  : 

Resolved^  That  every  report  of  any  standing  committee  em- 
bracing any  article  or  section  designed  to  be  incorporated  in 


67 


the  Constitution,  or  any  ordinance  of  the  Convention,  shall 
be  printed  by  order  of  the  committee  if  the  committee  so  de- 
termine, or  hy  the  order  of  the  Convention,  before  the  same 
shall  be  read  a  second  time  for  the  action  of  the  Convention; 

Which  was  read  and  laid  over  until  to-morrow  under  the 
rule. 

Mr.  McClellan  offered  the  following  : 

That  the  various  standing  committees  have  leave  to  have 
an}^  printing  done  that  may  be  approved  of  by  the  Committee 
on  Printing  ;  — - 

Which  was  adopted.  . 

Mr.  Sanchez,  Chairman  of  the  Committee  on  Judicial  De- 
partment, asked  permission  to  employ  a  Clerk  for  said  com- 
mittee ; 

Which  was  granted. 

On  motion  of  Mr.  Walter,  the  Convention  adjourned  until 
10  o'clock,  a.  m.,  to-morrow. 


EIG-HTH  DAY. 


WED^^ESDAY,  June  IT,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Bell  of  Brevajd  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Cenovar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hendley.  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Miller,  Milton,  Monsalvatge,  Morgan,  McCaskill,  McClellan,Mc- 
Kinnon,Xeel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons, 
Pelot,  Petty,  Randall  of  Duval,  Pvandall  of  Madison,  Randolph 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 


68 


Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson 
of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 105. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Orman  otlered  the  following  resolution: 

Resolved^  That  the  Chairmen  of  all  the  standing  committees 
shall  meet  together  in  this  chamber  immediately  after  this 
morning's  session,  for  the  purpose  of  fixing  the  time  and  place 
of  their  respective  committee  meetings,  so  as  to  prevent  the 
present  conflict  and  confusion  existing  in  the  meetings  of  said 
committees ; 

Which  was  read. 

Mr.  Orman  moved  that  the  rules  be  waived  and  the  resolu- 
tion be  put  upon  its  passage; 

Which  was  agreed  to,  and  the  resolution  was  adopted. 
Mr.  Blount  offered  the  following  resolution : 

Be  it  resolved^  That  subdivision  3  of  Rule  18  be  amended 
so  as  to  read  as  follows  :  Three — Introduction  and  considera- 
tion of  resolutions ; 

Which  was  read  and  laid  over  until  to-morrow  under  the 
rule. 

Mr.  Gibbs  offered  the  following  resolution  : 

WTiereas^  It  is  desirable  to  digest  as  thoroughly  as  possible 
all  propositions  tha^  may  come  before  this  Convention  through 
its  members  ;  therefore,  be  it 

Resolved^  That  the  standing  committees  of  this  body  be 
instructed  to  keep,  and  present  with  their  reports,  schedules 
of  all  resolutions,  &c.,  referred  to  them  for  consideration,  to- 
gether with  a  report  of  their  decision  on  the  merits  of  each 
one  ;  and  that  any  member  may  be  allowed  to  call  up  during 
the  consideration  of  the  report  of  its  appropriate  committee^ 
any  proposition  thus  scheduled  and  reported  ; 

Which  was  read,  and  laid  over  until  to-morrow  under  the 
rule. 

By  Mr.  Mann,  Resolution  No.  29 :    Relative  to  printing 
resolutions. 
Was  read. 

Mr.  Love  offered  to  amend  as  follows : 
Strike  out  all  that  part  of  the  resolution  after  the  words 
*  appropriate  committee.'  " 


69 


Mr.  Miller  moved  to  lay  the  motion  to  amend  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Love. 

Mr.  Randall,  of  Madison,  offered  as  a  substitute  to  the 
amendment  the  following  : 

Strike  out  the  words    memorials,  petitions,  &c." 

Mr.  Randall,  of  Madison,  withdrew  his  substitute. 

Mr.  Blount,  as  an  amendment,  offered  the  following : 

Amend  by  putting  after  the  word  bill  :  "  Articles,  sections, 
ordinances  and  resolutions,"  omitting  from  the  latter  all  pre- 
faces and  preambles. 

Mr.  McKinnon  rose  to  a  point  of  order  and  called  for  the 
reading  of  Rule  No.  27  ; 

Which  was  read. 

Mr.  McClellan  moved  to  indefinitely  postpone  the  whole 
matter. 

The  yeas  and  nays  were  called  for  by  Messrs.  Miller,  Chand- 
ler, Hausman,  Walter,  Pett}'  and  Lewis. 
The  vote  was : 

Yeas — Messrs.  Bethel,  Campbell,  Carter,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Genovar,  Gillis,  Goodbread,  Green,  Hatch,  Haus- 
man, Henderson,  Herndon,  Hicks,  Hope,  Humphries,  Hunter, 
Ives,  Jones,  Lesley,  Love,  Lutterloh,  Marshall,  Milton,  Mon- 
salvatge,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Pelot,  Randolph, 
Richard,  Scott,  Speer,  Stone,  Swearingen,  Tedder,  Tolbert, 
Wadsworth,  Weeks,  Wilson  of  Clay,  and  Wylly — 54. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bennett,  Blackburn,  Blount,  Broome,  Bush,  Carr,  Challen, 
Chandler,  Conover,  Fogarty,  Fowler,  Gibbs,  Goss,  Hargret, 
Hendley,  Hocker,  Johnston,  Lewis,  Malone,  Mann,  Maxwell, 
Miller,  Parsons,  Pett}^,  Randall  of  Duval,  Randall  of  Madison, 
Robertson,  Rogers,  Rowe,  Sanchez,  Sheats,  Taylor,  Thompson, 
Tompkins,  Turnbull,  Walker,  Jr.,  Wall,  Walter,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Polk  and  Manatee,  Yonge  and 
Zipperer — 46. 

So  the  motion  to  indefinitely  postpone  prevailed. 

Resolution  No.  30,  relative  to  blank  reports,  introduced  yes- 
terday by  Mr.  Gillis,  was  read. 

Mr.  Gillis  withdrew  the  resolution. 

Resolution  No.  35,  relative  to  the  introduction  of  resolu- 
tions, offered  by  Mr.  Miller,  was  read  as  follows : 

Besolved^  That  the  following  be  adopted  as  Rule  No.  35  : 
The  introducer  of  any  resolution  or  article  shall  place  upon 


70 


the  back  thereof  a  brief  statement  of  its  contents,  and  his  name 
and  county  or  Senatorial  District,  and  tlie  name  of  the  com- 
mittee to  which  lie  wishes  such  subject  referred. 

Upon  motion  the  resolution  was  adopted. 

Resolution  No.  54,  requiring  committees  to  report  within 
seven  days,  offered  by  Mr.  Walker,  Jr.,  on  yesterday,  was  read. 

Upon  motion  of  Mr.  Walker,  Jr.,  action  on  this  resolution 
was  deferred. 

Resolution  No.  5t,  relative  to  duties  of  standing  committees 
to  this  body,  was  read. 

Upon  motion  of  Mr.  Thompson,  action  on  this  resolution 
was  deferred  until  to-morrow. 

Resolution  No.  61,  relative  to  printing  proceedings  of  this 
Convention,  was  read  as  follows  : 

ReHolued^  That  the  Committee  on  Printing  be  instructed  to 
contract  for  printing  all  proceedings  of  this  Convention  with 
the  lowest  responsible  bidder. 

Upon  motion,  the  resolution  was  adopted. 

The  motion  of  Mr.  Mann,  offered  yesterday,  to  amend  Rule 
No.  2t  as  follows  :  After  "  shall,"  in  first  line,  insert  "  be  read 
by  its  title."  In  last  line  strike  out  "  entered  "  and  insert 
"  spread."  In  same  line  strike  out  "  only  by  their  title,"  was 
read. 

Mr.  Oliveros  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

The  resolution  offered  by  Mr.  Randall,  of  Duval,  yesterday, 
reading  as  follows  :  Resolved^  That  every  report  of  any  stand- 
ing committee  embracing  an}^  article  or  section  designed  to  be 
incorporated  in  the  Constitution,  or  any  ordinance  of  the 
Convention,  shall  be  printed  by  order  of  the  committee  if  the 
committee  so  determine,  or  by  the  order  of  the  Convention, 
before  the  same  shall  be  read  a  second  time  for  the  action  of 
the  Convention,"  was  taken  up. 

Upon  motion,  the  resolution  was  read  and  adopted. 

The  roll  of  counties  being  called,  the  following  articles^ 
ordinances  and  resolntions  were  introduced,  and,  on  motion  of 
Mr.  Blount,  read  by  their  titles  and  referred  to  appropriate 
committees : 

By  Mr.  Maxwell,  Article  No.  1  :  On  distribution  of  powers  ; 
Referred  to  Committee  on  Executive  and  Administrative 
Department. 

By  Mr.  Rogers,  Article  No.  2 :  Relating  to  bill  of  rights  ; 
Referred  to  Committee  on  Preamble  and  Bill  of  Rights. 
By  Mr.  Sanchez,  Article  No.  3  :  Relating  to  homestead  ex- 
emptions ; 


71 


Referred  to  Committee  on  Homesteads. 

By  Mr.  Marshall,  Ordinance  Xo.  -4  :  Providing  for  a  ani- 
form  system  of  common  schools  and  a  University,  and  for  the 
liberal  maintenance  of  the  same  ; 

Referred  to  Committee  on  Education. 

B}^  Mr.  Taylor.  Ordinance  Xo.  5  :  Relating  to  homestead 
exemptions  ; 

Referred  to  Committee  on  Homestead  Exemptions. 

By  Mr.  Love,  Ordinance  Xo.  6  :  Relating  to  the  Judicial 
Department ; 

Referred  to  committee  on  Judicial  Department. 

By  Mr.  Miller,  Ordinance  Xo.  7  :  To  be  entitled  an  Ordi- 
nance to  restore  to  civil  rights  all  persons  heretofore  convicted 
in  courts  of  Justices  of  the  Peace  ; 

Referred  to  the  Committee  on  Suffrage  and  Eligibility. 

By  Mr.  Zipperer,  Resolution  Xo.  65  :  Belating  to  election  of 
Governor  and  Cabinet : 

Referred  to  Committee  on  Executive  and  Administrative 
Department. 

By  Mr.  Clark,  of  Jackson.  Resolution  Xo.  6T  :  Relating  to 
Railroad  Commission  ; 

Referred  to  Committee  on  Private  Corporations. 

By  Mr.  Hunter.  Resolution  Xo.  68  :  Relating  to  the  election 
hy  the  electors  of  Judges  and  Justices  of  the  Peace  ; 

Referred  to  Committee  on  Judicial  Department. 

By  Mr.  Speer.  Resolution  Xo.  69  :  Relative  to  the  State  and 
counties  issuing  bonds  ; 

Referred  to  Committee  on  Finance  and  Taxation. 

By  Mr.  Hunter,  Resolution  Xo.  7 0  :  Relating  to  the  time  of 
meeting  of  the  Legislature,  length  of  session  and  compensa- 
tion ; 

Referred  to  Committee  on  Legislative  Department. 

By  Mr.  Blackburn,  Resolution  Xo.  71  :  Limiting  the  mem- 
bers of  the  Legislature  ; 

Referred  to  Committee  on  Census,  Apportionment  and 
Boimdaries. 

By  Mr.  Blackburn,  Resolution  Xo.  72  :  To  abolish  the  ofSce 
of  Lieutenant-Governor  ; 

Referred  to  Executive  and  Administrative  Committee. 

By  Mr.  Blackburn,  Resolution  Xo.  73  :  To  limit  the  time  of 
the  sessions  of  the  Leo^islature. 

Referred  to  Committee  on  Legislative  Department. 

By  Mr.  Petty,  Resolution  Xo.  74  :  Relative  to  the  manner 
of  ratifying  the  Constitution  ; 

Referred  to  Committee  on  Constitutional  Amendments. 


72 


By  Mr.  Wylly,  Resolution  No.  75 :  Creating  Boards  of  As- 
sesors  for  each  election  precinct  ; 

Referred  to  Committee  on  Finance  and  Taxation. 

By  Mr.  Wylly,  Resolution  No.  t6  :  Relating  to  the  perfec- 
tion of  titles  ; 

Referred  to  Committee  on  Finance  and  Taxation. 

By  Mr.  Fowler,  Resolution  No.  7t :  In  relation  to  the  abol- 
ishing of  the  grand  jury  system ; 

Referred  to  Committee  on  Judicial  Department. 

By  Mr.  Morgan,  Resolution  No.  78  :  Relating  to  property 
of  married  women ; 

Referred  to  Committee  on  Homestead. 

By  Mr.  Morgan,  Resolution  No.  79  :  Relating  to  errors  and 
omissions  of  public  officers  ; 

Referred  to  Committee  on  Judicial  Department. 

By  Mr.  Hicks,  Resolution  No.  80 :  On  new  counties  and 
limits  of  old  ones  ; 

Referred  to  Committee  on  County,  Township  and  City 
Organization. 

By  Mr.  Hicks,  Resolution  No.  81  :  Defining  the  homestead 
and  exemptions  ; 

Referred  to  Committee  on  Homesteads. 

By  Mr.  Hicks,  Resolution  No.  82  :  On  sessions  of  the  Legis- 
lature ; 

Referred  to  Committee  on  Legislative  Department. 

By  Mr.  Hicks,  Resolution  No.  83  :  Right  of  sufl'rage  defined 
and  extended  ; 

Referred  to  Committee  on  Sufl'rage  and  Eligibility. 

By  Mr.  Hendley,  Resolution  No.  84 :  Regulating  freight 
rates,  &c.  ; 

Referred  to  Committee  on  Private  Corporations. 
By  Mr.  Hendley,  Resolution  No.  85  :    Regulating  the  liquor 
traffic  ; 

Referred  to  Committee  on  Temperance. 

By  Mr.  Goodbread,  Resolution  No.  86  :  Relative  to  the 
election  of  State  and  county  officers  ; 

Referred  to  Committee  on  Executive  and  Administrative 
Department. 

By  Mr.  Herndon,  Resolution  No.  87  :  On  revision  of  the 
Constitution  ; 

Referred  to  Committee  on  Constitutional  Amendments. 
By  Mr.  Bush,  Resolution  No.  88  :  On  suffrage  and  eligi- 
bility ; 

Referred  to  Committee  on  Suffrage  and  Eligibility. 
By  Mr.  Tolbert,  Resolution  No.  89  :  Relative  to  the  power 
of  Justices  of  the  Peace  ; 


73 


Referred  to  the  Comniittee  on  Judiciary  Departiaent. 
By  Mr.  Tolbert,  Resolution  Xo.  90  :  Relative  to  homestead 
exemptions  : 

Referred  to  Committee  on  Homestead  Exemptions. 

By  Mr.  Tonge.  Resolution  Xo.  91  :  Reliting  to  residents 
on  Xaval  and  Military  reservations  in  this  State: 

Referred  to  Committee  on  Suffrage  and  Eligibility. 

B\'  Mr.  Wall,  Resolution  Xo.  92  :  On  the  division  of  coun- 
ties into  minor  political  organizations  : 

Referred  to  the  Committee  on  County.  Township  and  City 
Organization. 

By  Mr.  Lutterloh.  Resolution  Xo.  93  :  As  to  the  qualifica- 
tion of  electors  : 

Referred  to  Committee  on  Suffrage  and  Eligibility. 

By  Mr.  Lutterloh.  Resolution  Xo.  94  :  As  to  Homesteads  ; 

Referred  to  Committee  on  Homesteads. 

By  Mr.  Goss,  Resolution  Xo.  95  :  Limiting  the  powers  of 
the  Clerk  of  the  Court  and  creating  a  County  Auditor  : 

Referred  to  the  Committee  on  Judiciary  Department. 

By  Mr.  Goss.  Resolution  Xo.  96  :  Rights  of  the  people  to 
vote  for  their  otficials  and  on  the  ratification  of  the  Constitu- 
tion : 

Referred  to  the  Committee  on  Constitutional  Amendments. 

By  Mr.  Goss,  Resolution  Xo.  97  :  The  right  to  register  and 
vote  in  this  State,  and  what  crimes  shall  disfranchise  ; 

Referred  to  Committee  on  Suffrage  and  Eligibility. 

By  Mr.  Miller.  Resolution  Xo.  98  :  Relative  to  the  election 
of  all  officers  by  the  people  and  the  rights  of  defendants  in 
criminal  cases —to  be  inserted  in  the  Bill  of  Rights  : 

Referred  to  Committee  on  Preamble  and  Bill  of  Rights. 

By  Mr.  Humphries.  Resolution  Xo.  99  :   On  representation  ; 

Referred  to  Committee  on  Census.  Apportionment  and 
Boundaries. 

By  Mr.  Oliveros,  Resolution  Xo.  100  :  The  rights  of  cor- 
porations organized  under  the  laws  of  other  States  and  Goy- 
ernments  : 

Referred  to  Committee  on  Private  Corporations. 

By  Mr.  Oliveros,  Resolution  Xo.  101  :  The  rights  of  for- 
eigners to  hold  and  dispose  of  property  : 

Referred  to  Committee  on  Preamble  and  Bill  of  Rights, 

By  Mr.  Walter,  Resolution  Xo.  102:  Relating  to  Punish- 
ment for  violation  of  ordinances  of  cities  and  towns  ; 

Referred  to  Committee  on  Judiciary-  Department. 

The  Committee  on  Executive  and  Administrative  Depart- 
ment made  the  following  report  : 


74 


Convention  HXll,  Tallahassee,  Fla  ,  June  17,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  committee  respectfull}^  report  that  in  the  view 
they  have  as  to  changes  proper  to  be  made  in  the  present  Con- 
stitution, Section  19  of  Article  YI,  referred  to  them,  should 
go  to  the  Committee  on  County  Organization  ;  and  they  recom- 
mend that  reference,  asking  to  be  discharged  from  farther  con- 
sideration of  thai  section. 

Yery  respectfull}', 

A.  E.  Maxwell,  Chairman. 

Which  was  read.  * 
Upon  motion,  the  report  was  received. 

Mr.  Sanchez,  Chairman  of  the  Committee  on  Judicial  De- 
partment, made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  17,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Judicial  Department,  to  whom 
was  referred 

Resolution  Xo.  9,  by  Mr.  Fowler,  in  reference  to  Board  of 
Internal  Improvement,  beg  leave  to  report  the  same  back  to 
the  Convention  for  further  reference;  also. 

Resolution  No.  59,  b}^  Mr.  Ives,  to  limit  period  of  imprison- 
ment for  fines,  your  committee  report  the  same  adversely — it 
pertaining  to  a  matter  of  legislation,  and  not  of  organic  law. 

Yer}^  respectfully, 

E.  C.  F.  Sanchez, 

Chairman  Committee. 

Which  was  read,  and  upon  motion,  the  report  was  adopted. 
Mr.  McCaskill.  Chairman  of  the  Committee  on  Taxation  and 
Finance,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  17,  1885. 
Hon.  Samuel  Pasco, 

President  o  f  the  Convention  : 

Sir  :  Your  Committee  on  Finance  and  Taxation  to  whom 
was  referred — 

Resolution  Xo.  37,  to  make  rolling  stock  of  railroads  per- 
sonal property, 

Respectfull}^  report  that  they  have  considered  the  same,  and 


75 


find  that  its  objects  are  now  provided  for  by  law,  and  therefore 
return  the  same,  with  the  recommendation  that  no  farther  action 
is  necessar}'  upon  this  subject. 

Very  respectfully, 

A.  L.  McCaskill,  Chairman. 

Which  was  read,  and.  upon  motion,  the  report  was  received. 
Mr.  Turnbull,  Chairman  of  the  Committee  on  Printing,  made 
the  following  report : 

Convention  Hall.  Tallahassee,  Fla.,  June  IT,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Goncention  : 

Sir:  Your  Committee  on  Printing;  for  the  Convention,  beo; 
leave  to  make  the  following  report :  After  inviting  proposals, 
the  two  city  papers  put  in  bids.  Upon  examination  we  find 
that  the  Floridian,  conducted  by  Messrs.  Dorr  &  Bowen,  made 
the  lowest  bid,  which  was  satisfactory  to  jomv  committee,  and 
respectfully  ask  that  the  printing  of  this  Convention  be  given 
to  said  Messrs.  Dorr  &  Bowen,  whose  bid  is  herewith  attached. 
We  recommend  that  2,000  Journals  be  placed  upon  the  tables 
of  members  daily,  and  that  1,000  be  bound  in  book  form. 

Respectfully  submitted, 

J.  Turnbull,  Chairman. 

Tallahassee,  Fla.,  June  IT,  1885. 

Hon.  S.  J.  Tarnbull,  Ghairnian  Committee  on  Printing : 

Sir:  In  repl}-  to  yours  of  the  16th  instant,  we  bes:  leave  to 
make  the  following  proposition  as  to  printing  for  the  Conven- 
tion : 

For  2.000  copies  of  dail}'  Journal,  to  be  laid  on  desks  of 
delegates  each  morning,  one-half  a  cent  for  each  100  words  per 
copy,  for  the  first  100  copies,  and  one-eighth  of  a  cent  for  each 
100  words  per  copy  for  the  remaining  1,900  copies.  This  pro- 
posal to  include  all  miscellaneous  printing  furnished  to  the 
Convention,  such  as  bills,  messages,  reports,  &c.,  &c  ,  whether 
in  pamphlet  form  or  otherwise  ordered. 

For  1,000  copies  of  the  Convention  Journal  in  book  form, 
to  be  stitched  and  delivered  after  the  adjournment  of  the  Con- 
vention, at  the  rate  of  SI. 15  per  page,  counting  one  copj'. 

We  state  above  as  a  basis  of  calculation,  and  we  do  agree  to 
do  the  work  of  the  Convention  at  30  (thirty)  per  cent,  less 
than  above  given  rates. 

We  are  very  respectfully^ 

Dorr  k  Bowen, 

Publishers  Floridian. 


76 


Which  was  read,  and,  upon  motion,  was  received  and 
adopted. 

On  motion  of  Mr.  Wylly,  the  number  of  the  Committee  on 
Public  Health  was  increased  from  seven  to  nine. 

The  President  named  as  the  said  Committee  the  following 
gentlemen  : 

Messrs.  Wyll}^  Wall,  Carson,  Pelot,  Conover,  Blount,  Lut- 
terloh,  Fogarty  and  Walter. 

Mr.  Hargret  was  excused  on  account  of  sickness. 

Mr.  Mann,  Chairman  of  the  Committee  on  Sufirage  and 
Eligibility  asked  leave  to  employ  a  clerk  for  his  committee ; 

Which  was  granted. 

Mr.  Hicks  moved  that  the  sergeant-at-arms  be  authorized  to 
secure  the  services  of  two  janitors  for  this  Convention,  and 
that  Mr.  Nazworth  be  one  of  them. 

Mr.  Parkhill  moved  that  Mr.  Dennis  be  the  other, 

Mr.  Mitchell  moved  that  Edwin  Shakespear  be  one. 

Pending  discussion,  upon  motion  of  Mr.  McCaskill,he  tCon- 
vention  adjourned  until  10  o'clock  A.  M.  to-morrow. 


NINTH  DAY. 


THUPvSDAY,  June  18,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Bell  of  Hamilton,  Bennett, 
Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Corover,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goodbread,  Goss,  Green,  Hargret,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum, 
Lesley,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Miller,  Milton,  Mitchell,  Monsalvatge,  Morgan,  McCaskill, 
McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parkhill,  Parsons,  Pelot,  Petty,  Randall  of  Duval,  Randall 
of  Madison,  Randolph,  Richard,  Robertson,  Rogers,  San- 


77 


chez,  Scott,  Sheats,  Speer,  Stone.  Swearino^en.  Taylor.  Ted- 
der. Thompson,  Tolbert.  Tompkins.  Turnbull.  Wadsworth. 
Walker.  Jr..  Wail.  Walter.  Weeks.  Wellman.  Whitmire.  Wil- 
son of  Clay.  Wilson  of  Polk  and  Manatee,  W3-lh%  Yonge 
and  Zipperer — 102. 

A  quorum  present. 

Prayer  b\'  the  Chaplain. 

Mr.  Pelot  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  : 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

On  motion  of  Mr.  Landrum.  Mr.  Bell,  of  Brevard  and  Dade, 
was  indefinitely  excused  on  account  of  sickness 

On  motion  of  Mr.  Lesley.  Mr.  Rogers  was  granted  a  leave 
of  absence  until  Monday. 

Mr.  Wvlly  introduced  a  memorial  from  the  Friends  of  Tem- 
perance,"" and  requested  thas  it  be  referred  to  the  Committee 
on  Temperance ; 

Which  was  done. 

Mr.  Tavlor  introduced  the  foUowinof  substitute  for  Pule 
No.  28  :  ^ 

All  articles,  sections  and  ordinances  proposed  by  any  mem- 
ber to  be  embodied  in  the  Constitution  shall  be  presented  to 
the  Convention  in  sueh  concise  form  and  language  as  it  is  the 
wish  of  the  member  introducing  same  to  have  it  appear  in  the 
Constitution,  without  preamble  or  other  superfluous,  or  argu- 
mentative reasons  for  its  adoption  ;  and  no  two  distinct  sub- 
jects-matter, or  matter  referrible  to  more  than  oue  standing 
committee  shall  be  contained  in  the  same  paper.  All  matter 
introduced  in  compliance  with  this  rule  shall  be  printed  in  full 
in  the  Journals,  unless  otherwise  ordered  by  the  Convention, 
and  shall  be  referred  to  appropriate  committee  without  de- 
bate : 

Which  was  read. 

Mr.  Chandler  moved  the  suspension  of  the  rule  that  the  sub- 
stitute mght  be  taken  into  immediate  consideration  : 

Which  was  not  agreed  to.  and  the  substitute  was  laid  over 
until  to-morrow  under  the  rule. 

Mr.  Blount  asked  leave  to  withdraw  Be  it  Resolved,  That 
subdivision  3  of  Rule  18  be  amended  so  as  to  read  as  follows  : 
3.  Introduction  and  Consideration  of  Resolutions.'"  offered  bv 
him  yesterday  : 

Which  was  granted. 

The  following  resolution  offered  by  Mr.  Gibbs  on  yesterday 
came  up  for  adoption  :  , 

Whereas,  It  is  desirable  to  digest  as  thoroughly  as  possible 


78 


all  propositions  that  may  come  before  this  Convention  through 
its  members  ;  therefore,  be  it 

Besolved,  That  the  standing  committees  of  this  body  be  in- 
structed to  keep,  and  present  with  their  reports,  schedules  of 
all  resolutions,  &c.,  referred  to  them  for  consideration,  together 
with  a  report  of  their  decision  on  the  merits  of  each  one  ;  and 
that  any  member  may  be  allowed  to  call  up  daring  the  consid- 
eration of  the  report  of  its  appropriate  committee,  any  propo- 
sition thus  scheduled  and  reported. 

The  resolution  was  read  and  adopted. 

Kesolution  No.  57  relative  to  the  duties  of  members  of  stand- 
ing committees  was  taken  up. 

The  resolution  was  read  as  follows : 

Whereas,  The  present  Constitution  of  this  State  is  used  as 
a  guide  in  framing  a  new  Constitution,  in  limiting  or  defining 
the  power  of  the  State  Legislature — the  law  making  depart- 
ment of  the  State;  and  ivhereas,  The  most  important  work  to 
be  performed  in  deliberative  bodies,  such  as  Constitutional 
Conventions  and  law-making  departments  ;  therefore,  be  it 

Resolved^  That  each  member  of  the  respective  standing 
committees  is  hereb}^  requested  to  carefully  examine  the  pres- 
enfc  Constitution  (a  copy  of  which  has  been  furnished  every 
member  of  this  Convention),  and  that  the  said  members  of  the 
committees  aforesaid  are  further  required  to  report  any  and 
all  amendments  found  necessary  to  the  Chairman  of  said  com- 
mittee on  the  assembling  of  the  committee. 

Mr.  Marshall  moved  that  further  consideration  of  the  reso- 
lution be  indefinitely  postponed  ; 

Which  was  agreed  to,  and  the  resolution  was  indefinitely 
postponed. 

Mr.  Goss  asked  permission  to  withdraw  Resolution  No.  96 : 
Relative  to  the  rights  of  the  people  to  vote  for  their  officials 
and  on  the  ratification  of  the  Constitution  ; 

Which  was  granted  and  the  resolution  was  withdrawn. 

The  roll  of  couii'ties  being  called  the  following  Articles,  Or- 
dinances and  Resolutions  were  introduced,  and,  on  motion  of 
Mr.  Yonge,  were  read  by  their  titles  and  referred  to  appropri- 
ate committees  : 

By  Mr.  Sheats,  Ordinance  No.  8  :  Providing  for  the  election 
by  the  people  of  all  count}'  oflScers,  and  the  manner  of  their  re- 
moval ; 

Which  was  referred  to  the  Committee  on  Judicial  Depart- 
ment. 

By  Mr.  Blount,  Ordinance  No.  9  :  Defining  the  rights  and 
liabilities  of  married  women  ; 


79 


Which  was  referred  to  Committee  on  Homestead  and  Ex- 
emptions and  Married  Women's  Property. 

By  Mr.  Blount,  Ordinance  Xo.  10  :  Pre5cril3ing  conditions 
to  relief  from  taxation  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Love,  Ordinance  Xo.  11 :  Relative  to  education  ; 

Which  was  referred  to  Committee  on  Education. 

By  Mr.  Carr,  Ordinance  Xo.  12  :  Pertaining  to  the  Bill  of 
Rights  : 

Which  was  referred  to  Committee  on  Bill  of  R'ghts. 

By  Mr.  Walker,  Jr..  Ordinance  Xo.  13  :  Prescribing  the 
election  of  and  the  method  of  electing  Judges  of  the  Supreme 
Court,  and  the  selection  of  Circuit  and  County  Judges  and 
Justices  of  the  Peace  ; 

Which  was  referred  to  the  Committee  on  Judiciary  Depart- 
ment. 

By  Mr.  Marsha,ll,  Ordinance  Xo.  14  :  To  provide  for  the 
election  of  Sherilfs.  to  prohibit  them  from  being  their  own  suc- 
cessors in  office,  to  empower  the  Legislature  to  make  them  ex- 
officio  Tax  Collectors  : 

Which  was  referred  to  Committee  on  County,  Township  and 
City  Organization. 

V>Y  Mr.  Mitchell,  Ordinance  Xo.  15:  Relative  to  Homestead 
exemption  and  the  rights  of  married  women  ; 

Which  was  referred  to  the  Committee  on  Homestead  and 
Exemptions  and  Married  Women's  Property. 

By  Mr.  Campbell,  Ordinance  Xo.  16  :  In  reference  to  num- 
ber composing  House  of  Representatives  : 

Which  was  referred  to  the  Committee  on  Census.  Apportion- 
ment and  Boundaries. 

B}'  Mr.  Lesley,  Ordinance  Xo.  IT  :  Formation  of  new  coun- 
ties": 

Which  was  referred  to  Committee  on  County,  Township  and 
City  Organization. 

By  Mr.  Lesley,  Ordinance  Xo.  IS  :  Relative  to  the  recog- 
nition of  existing  counties : 

Which  was  referred  to  Committee  on  County.  Township  and 
City  Organization. 

By  Mr.  Lesle}',  Ordinance  Xo.  19  :  Relative  to  the  removal 
of  county  seats  ; 

Which  was  referred  to  Committee  on  County.  Township  and 
City  Organization. 

By  Mr.  Carr,  Ordinance  Xo.  20  :  In  relation  to  apportion- 
ment and  representation  ; 

Which  was  referred  to  Committee  on  Census,  Apportion- 
ment and  Boundaries. 


80 


By  Mr.  Herndon,  Resolution  No.  103  :  Relating  to  the 
qualifications  of  jurors  ; 

Which  was  referred  to  Committee  on  Judicial  Department. 

By  Mr.  Stone,  Resolution  No.  104  :  In  relation  to  drawing 
the  grand  and  petit  jurors  in  this  State  ; 

Which  was  referred  to  Committee  on  J udicial  Department. 

By  Mr.  Bush,  Resolution  No.  105:  To  allow  towns  and 
cities  to  make  their  own  assessments  of  real  property  ; 

Which  was  referred  to  Committee  on  Finance  and  Taxa- 
tion, 

By  Mr.  Scott,  Resolution  No.  106:  Providing  for  a  per 
capita  school  tax  and  no  other  poll  tax  to  be  levied  and  leav- 
ing the  county  school  subject  to  a  vote  of  the  registered  voters 
of  the  county  ; 

Which  was  referred  to  Committee  on  Suffrage  and  Eligi- 
bility. 

By  Mr.  Goodbread,  Resolution  No.  lOT  :  Authorizing  per- 
sons to  vote  who  have  resided  in  Florida  twelve  months  and  in 
the  county  thirty  days  ; 

Which  was  referred  to  Committee  on  Suffrage  and  Eligi- 
bility. 

By  Mr.  Hendley,  resolution  No.  108:  Relating  to  public 
schools  ; 

Which  was  referred  to  Committee  on  Education. 
By  Mr.  Hendley,  Resolution  No.  109:    Relating  to  tax 
titles  ; 

Which  was  referred  to  Committee  on  Judicial  Department. 

By  Mr.  Coker,  Resolution  No.  110:  Relating  to  Temper- 
ance and  Constitutional  Prohibition  ; 

Which  was  referred  to  Committee  on  Temperance. 

By  Mr.  Coker,  Resolution  No.  Ill:  Relating  to  Home- 
steads and  Exemption  ; 

Which  was  referred  to  Committee  on  Homesteads,  etc. 

By  Mr.  Turnbull,  Resolution  No.  112:  On  Suffrage  and 
Eligibility  ; 

Which  was  refi  rred  to  Committee  on  Suffrage  and  Eligi- 
bility. 

By  Mr.  Rogers,  Resolution  No.  113:  To  amend  Article 
YII,  Section  1,  of  the  Constitution,  so  as  to  create  the  office 
of  Commissioner  of  Agriculture  and  make  him  a  Cabinet  offi- 
cer ; 

Which  was  referred  to  Committee  on  Executive  and  Ad- 
ministrative Department. 

By  Mr.  Wellman,  Resolution  No.  114  :  Relating  to  Election 
of  County  Commissioners; 

Which  was  referred  to  Committee  on  County  and  City  Or- 
ganization. 


81 


REPORTS  OF  COMMITTEES. 

Mr.  Maxwell,  Chairman  of  the  Committee  on  Executive  and 
Administrative  Department,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  18,  1885. 

Hon.  Samuel  Pasco, 

PreHdent  of  the  Convention  : 

Sir  :  Tour  Committee  on  the  Executive  and  Administrative 
Department,  to  which  was  referred — 

Article  III,  on  the  Distribution  of  Powers, 
Have  considered  the  same,  and  they  report  that  in  their 
opinion  it  should  be  adopted  as  a  part  of  the  Constitution, 
and  they  so  recommend.    Said  article  is  herewith  returned  for 
the  action  of  the  Convention. 

Respectfully  submitted. 

A.  E.  Maxwell,  Chairman. 

article    III. — DISTRIBUTION  OF  POWERS. 

The  powers  of  government  of  the  State  of  Florida  shall  be 
divided  into  three  departments — Legislative,  Executive  and 
Judicial;  and  no  person  properh'  belonging  to  one  of  the  de- 
partments shall  exercise  any  functions  appertaining  to  either 
of  the  others,  except  in  cases  expressly  provided  for  by  this 
Constitution. 

Which  was  read,  and  the  report  of  the  committee  received. 
Also  the  tollowing  : 

Convention  Hall.  Tallahassee,  Fla.,  June  18,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  the  Executive  and  Administrative 
Department,  to  which ,  was  referred  the  parts  of  the  present 
Constitution  pertaining  to  those  departments,  have  given 
careful  consideration  to  the  same,  and  have  embodied  their 
conclusions  in  an  Article  which  accompanies  this  report,  styled 
"  Article  Y,  Executive  Department.''  which  they  recommend 
for  adoption. 

Your  committee  in  the  framing  of  said  Article  have  also 
considered  resolution  B5  as  to  election  of  Grovernor  and  Cabi- 
net ;  also,  resolution  72  as  to  abolishing  the  office  of  Lieu- 
tenant-Grovernor ;  also,  resolution  86  relative  to  the  election  of 
State  and  county  officers  ;  and  they  return  herewith  the  said 
resolutions,  and  recommend  that  each  be  laid  on  the  table. 
Respectfully  submitted, 

A.  E.  Maxwell,  Chairman. 

6 


82 


ARTICLE  V.  EXECUTIVE  DEPARTMENT. 

Section  1.  The  supreme  executive  power  of  this  State  shall 
be  vested  in  the  Chief  Magistrate,  who  shall  be  styled  the  Gov- 
ernor of  Florida. 

Sec.  2.  The  Governor  shall  be  elected  by,  the  qualified  elect- 
ors of  the  State  at  the  time  and  places  of  voting  for  the  mem- 
bers of  the  Legislature,  and  shall  hold  his  office  for  four  years 
from  the  time  of  his  installation,  but  shall  not  be  eligible  for 
re-election  to  the  said  office  the  next  succeeding  term ;  Pro- 
vided^ That  the  first  election  for  Governor  under  this  Consti- 
tution shall  be  had  at  the  time  and  places  of  voting  for  mem- 
bers of  the  Legislature  and  State  officers  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighty-eight,  and  the 
term  of  office  of  the  Governor  then  elected  shall  begin  on  the 
dav  of  the  assembling  of  the  Legislature  chosen  at  such  elec- 
tion. 

Sec.  3  No  person  shall  be  eligible  to  ihe  office  of  Governor 
who  is  not  a  qualified  elector,  and  who  has  not  been  nine 
3^ears  a  citizen  of  the  United  States,  and  three  years  a  citizen 
of  the  State  of  Florida,  next  preceding  the  time  of  his  elec- 
tion. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States. 

Sec.  5.  He  shall  transact  all  executive  business  with  the 
officers  of  the  Government,  civil  and  military,  and  may  require 
information  in  writing  from  the  officers  of  the  administrative 
department  upon  any  subject  relating  to  the  duties  of  their  re- 
spective offices. 

Sec.  6.  He  shall  see  that  tlie  laws  are  faithfully  executed. 

Sec.  7.  When  any  office,  from  any  cause,  shall  become  va- 
cant, and  no  mode  is  provided  by  this  Constitution  or  by  the 
laws  of  the  State  for  filling  such  vacancy,  the  Governor  shall 
have  the  power  to  fill  such  vacancy  by  granting  a  commission, 
which  shall  expire  at  the  next  election. 

Sec.  8.  The  Governor  may,  on  extraordinary  occasions,  con-^ 
vene  the  Legislature  by  proclamation,  and  shall  in  his  procla- 
mation state  the  purpose  for  which  they  are  to  be  convened, 
and  the  Legislature  when  organized  shall  transact  no  legisla- 
tive business  except  that  for  which  they  are  especially  con- 
vened, except  hy  the  unanimous  consent  of  both  houses. 

Sec.  9.  He  shall  communicate  by  message  to  the  Legisla- 
ture at  each  regular  session  the  condition  of  the  State,  and  re-^ 
commend  such  measures  as  he  may  deem  expedient. 

Sec.  10.  In  case  of  a  disagreement  between  the  two  houses 
with  respect  to  the  time  of  adjournment,  the  Governor  shall 


83 


have  power  to  adjourn  the  Legislature  to  such  time  as  he  may 
think  proper,  provided  it  is  not  beyond  tlie  time  fixed  for  the 
meeting  of  the  next  Legislature. 

Sec.  11.  The  Governor  shall  have  power  to  suspend  the 
collection  of  fines  aaid  forfeitures,  and  grant  reprieves  for  a 
period  not  exceeding  sixty  days,  dating  from  the  time  of  con- 
viction, for  all  offences,  except  in  cases  of  impeachment. 
Upon  conviction  for  treason  he  shall  have  power  to  suspend 
the  execution  of  sentence  until  the  case  shall  be  reported  to 
the  Legislature. 

Sec.  12.  The  Governor,  Justices  of  the  Supreme  Court,  and 
Attorney-General,  or  a  major  part  of  them,  of  whom  the  Gov- 
ernor shall  be  one,  may,  upon  such  conditions,  and  with  such 
limitations  and  restrictions  as  they  may  deem  proper,  remit 
fines  and  forfeiture*^  commute  punishment,  and  grant  pardons 
after  conviction,  in  all  cases  except  treason  and  Impeachment, 
subject  to  such  regulations  as  may  be  provided  by  law  relative 
to  the  manner  of  appljing  for  pardons. 

Sec.  13  The  Governor  may,  atanj-  time,  require  the  opinion 
of  the  Justices  of  the  Supreme  Court,  as  to  the  interpretation 
of  au}^  portion  of  this  Constitution  upon  au}^  question  affect- 
ing his  Executive  powers  and  duties,  and  the  Justices  shall 
render  such  opinion  in  writing. 

Sec.  14.  All  Commissions  shall  be  in  the  name  and  under 
the  authority  of  the  State  of  Florida,  sealed  with  the  great 
seal  of  the  State,  signed  by  the  Governor,  and  countersigned 
by  the  Secretary  of  State. 

Sec.  15.  The  Governor  shpJl,  b}^  and  with  the  consent  of  the 
Senate,  appoint  all  commissioned  officers  of  the  State  Militia, 
including  an  Adjutant-General  for  the  State.  The  Adjutant- 
General  shall  be  the  chief  officer  of  the  Governor's  staff,  with 
the  rank  of  Major-General.  His  duties  and  compensation  shall 
be  prescribed  by  law. 

Sec.  16.  The  Governor  and  the  officers  of  the  Executive  De- 
partment shall  constitute  a  Board  of  Commissioners  of  State 
Institutions,  which  Board  shall  have  supervision  of  all  matters 
connected  tlierewith,  in  such  manner  as  shall  be  prescribed  by 
law. 

Sec.  17.  The  Governor  shall  have  power,  in  cases  of  insur- 
rection or  rebellion,  to  suspend  the  writ  of  habeas  corpu.-i 
within  the  State. 

Sec.  18.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bills  making  appropriations  of  money 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 
proved shall  be  the  law,  and  the  item  or  items  of  appropriation 
disapproved  shall  be  void,  unless  re-passed  according  to  the 


84 


rules  and  limitations  prescribed  for  the  passage  of  other  bills 
over  the  Executive  veto. 

Sec.  19.  In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  resignation  or  inability  to  discharge 
his  official  duties,  the  powers  and  duties  of  the  Governor  shall 
devolve  upon  the  President  of  the  Senate  for  the  residue  of 
the  term,  or  untd  the  disability  shall  cease ;  and  in  case  of  the 
impeachment,  removal  from  office,  death,  resignation  or  in- 
ability of  the  President  of  the  Senate,  the  powers  and  duties 
of  the  office  shall  devolve  upon  the  Speaker  of  the  House  of 
Representatives.  But  should  there  be  a  general  election  for 
members  of  the  Legislature  during  such  vacancy,  an  election 
for  Governor  to  fill  the  same  shall  be  held  at  the  same  time. 

Sec.  20.  The  Governor  shall  be  assisted  b}^  six  administra- 
tive officers,  to  wit :  a  Secretary  of  State,  Attorney-General, 
Comptroller,  Treasurer,  Superintendent  of  Public  Instruction 
and  Commissioner  of  Lands  and  Immigration,  who  shall  be 
elected  at  the  same  time  as  the  Governor,  and  shall  hold  their 
offices  for  the  same  time :  Provided,  That  the  first  election  of 
such  officers  shall  be  had  at  the  time  of  voting  for  Governor  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty- 
eight  ;  Promded  further^  The  Legislature  may  after  that  year 
abolish  the  office  of  Commissioner  of  Lands  and  Immigration. 

Sec.  21.  The  Secretarj^  of  State  shall  keep  the  records  of 
official  acts  of  the  Legislative  and  Executive  Departments  of 
the  Government,  and  shall,  when  required,  lay  the  same,  and 
all  matters  relative  thereto,  before  either  branch  of  the  Legis- 
ture,  and  shall  be  the  custodian  of  the  Great  Seal  of  the  State. 
He  shall  also  have  charge  of  the  Capitol  building  and  grounds 
and  perform  such  other  duties  as  shall  be  prescribed  by  law. 

Sec.  22.  The  Attorney-General  shall  be  the  legal  adviser  of 
the  Governor,  and  of  each  of  the  officers  of  the  Executive  De- 
partment, and  shall  perform  such  other  legal  duties  as  the  Gov- 
ernor may  direct,  or  as  may  be  provided  by  law.  He  shall  be 
Reporter  for  the  Supreme  Court.  He  shall  also  have  super- 
vision of  the  State  Prison. 

Sec.  23.  The  Comptroller  shall  examine,  audit,  adjust  and 
settle  the  accounts  of  all  officers  of  the  State,  and  perform  such 
other  duties  as  may  be  prescribed  by  law. 

Sec.  24.  The  Treasurer  shall  receive  and  keep  all  funds, 
bonds,  or  other  securities,  in  such  manner  as  may  be  provided 
by  law,  and  shall  disburse  no  funds,  bonds,  or  other  securities, 
except  upon  the  order  of  the  Comptroller,  countersigned  by 
the  Governor,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  25.  The  Superintendent  of  Public  Instruction  shall 
have  supervision  of  all  matters  pertaining  to  public  instruc- 


I 

j 

85 

tion  ;  the  supervision  of  buildings  devoted  to  educational  pur- 
poses, and  the  libraries  belonging  to  the  University  and  com- 
mon schools.  He  shall  keep  a  historical  bureau  for  the  purpose 
of  accumulating  such  matter  and  information  as  may  be  neces- 
sary for  compiling  and  pefecting  the  history  of  the  State.  He 
shall  also  keep  a  cabinet  of  minerals  and  other  natural  produc- 
tions, and  shall  perform  such  other  duties  as  shall  be  prescribed 
by  law. 

Sec.  26.  The  Commissioner  of  Lands  and  Immigration  shall 
have  supervision  of  all  matters  pertaining  to  the  public  lands 
under  such  regulations  as  shall  be  prescribed  by  law,  and  shall 
keep  the  Bureau  of  Immigration  established  to  furnish  infor- 
mation for  the  encouragement  of  immigration. 

Sec.  27.  Each  officer  of  this  department  shall  make  a  full 
report  of  his  official  acts,  of  the  receipts  and  expenditures  of 
his  office,  and  of  the  requirements  of  the  same,  to  the  Governor 
at  the  beginning  of  each  regular  session  of  the  Legislature,  or 
whenever  the  Governor  shall  require  it.  Such  reports  shall  be 
laid  before  the  Legislature  by  the  Governor  at  the  beginning 
of  each  regular  session  thereof.  Either  house  of  the  Legisla- 
ture may  at  any  time  call  upon  any  officer  of  this  department 
for  information  required  by  it. 

Sec.  28.  The  salary  of  the  Governor  shall  be  thirty-fiA'C  hun- 
dred dollars  per  annum,  and  that  of  the  Secretary  of  State, 
Attorney-General,  Comptroller,  Treasurer,  Superintendent  of 
Public  Instruction  and  Commissioner  of  Lands  and  Immigra- 
tion, shall  be  two  thousand  dollars  each  per  annum  ; 

Which  was  read  and  upon  motion  of  Mr.  Yonge,  the  report 
and  accompanying  papers  were  ordered  spread  upon  the 
Journal. 

Mr.  McCaskill,  Chairman  of  the  Committee  on  Finance  and 
Taxation,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  18,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 
Sir  :  Your  Committee  on  Taxation  and  Finance,  to  whom 
was  referred — 

Resolution  No.  75,  creating  Boards  of  Tax  Assessors  for 
each  election  precinct. 

Respectfully  return  the  same  and  recommend  its  reference 
to  the  Committee  on  County,  Township  and  City  Organiza- 
tion. 

Very  respectfully, 

A.  L.  McCaskill,  Chairman. 
Which  was  read  and  received. 


86 


Also  the  following : 

Convention  Hall,  Tallahassee,  Fla.,  June  18,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Taxation  and  Finance,  to  whom 
was  referred — 

Resolution  No.  'IB,  relating  to  the  perfection  of  tax  titles,  re- 
spectfully report  the  same  back  as  not  pertinent  to  organic 
law. 

^  Yery  respectfully, 

A.  L.  McCaskill, 

Chairman  Committee. 

Which  was  read  and  received. 

Upon  motion,  the  accompanying  resolution  was  laid  upon 
the  table. 

Article  No.  3  :  On  Distribution  of  Powers,  was  read  the 
first  time  and  placed  among  the  orders  of  the  day. 

Article  No.  5 :  Relating  to  Executive  Department,  was 
read  the  first  time  and  200  extra  copies  of  the  Article  ordered 
printed  for  use  of  the  Convention. 

Mr.  Bethel  moved  that  Convention  adjourn  that  the  Com- 
mittees may  have  time  to  work ; 

Which  was  agreed  to,  and  the  Convention  was  adjourned 
until  10  o'clock  a.  m.  to-morrow. 


TENTH  DAY. 


FRIDAY,  June  19,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Gen- 
ovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Green,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 


87 


phries,  Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley.  Lewis, 
Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller, 
Milton,  Mitchell,  Monsalvatge,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Xeel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill, 
Parsons,  Pelot,  Pett^^  Randall  of  Duval,  Randall  of  Madison, 
Randolph,  Richard,  Robertson,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tol- 
bert  Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Wall, 
Walter,  Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zip- 
perer — 105.  ^ 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  to  dispense  with  the  reading  of  the 
Journal  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Morgan  offered  a  memorial  on  the  subject  of  Temper- 
ance ; 

Which  was  referred  to  the  Committee  on  Temperance. 

Mr.  Yonge  offered  the  following  resolution: 

Resolved^  That  subdivision  6,  of  Rule  Xo.  IS,  be  amended 
by  addingthe  following  :  "  And  when  a  report  is  made  by  any 
such  committee,  the  same  shall  be  read,  and  together  with  ac- 
companying articles,  ordinances,  sections  or  other  papers  be 
placed  among  the  'orders  of  the  da3','  for  further  considera- 
tion 

Which  was  read  and  laid  over  until  to-moi'row  under  the 
rules. 

Mr.  Yonge  offered  the  foll(~)wing  resolution  : 

Resolved,  That  the  form  of  Rule  Xo.  18  be  amended  by  in- 
serting between  reports  of  select  committees  and  consideration 
of  articles,  sections  and  ordinances  on  their  first  reading,  the 
following  :    "  Orders  of  the  Day.-' 

Mr.  Yonge  moved  that  Hon.  R.  W.  Davis,  Speaker  of  the 
Assembly,  be  invited  to  a  seat  within  the  bar  : 

Which  was  agreed  to. 

Mr.  Taylor  moved  that  Col.  Louis  I.  Fleming  be  invited  to 
a  seat  within  the  bar ; 
Which  was  agreed  to. 

The  substitute  for  Rule  No.  28,  offered  on  yesterday  by  Mr. 
Taylor,  was  then  taken  up  and  read,  as  follows : 

All  articles,  sections  and  ordinances  proposed  by  any  mem- 
ber to  be  embodied  in  the  Constitution  shall  be  presented  to 
the  Convention  in  such  concise  form  and  language  as  it  is  the 
wish  of  the  member  introducing  same  to  have  it  appear  in  the 


88 


Constitution,  without  preamble  or  other  superfluous  or  argu- 
mentative reasons  for  its  adoption  ;  and  no  two  distinct  sub- 
jects-matter, or  matter  referrible  to  more  than  one  standing 
committee,  shall  be  contained  in  the  same  paper.  All  mattt  r 
introduced  in  compliance  with  this  rule  shall  be  printed  in  full 
in  the  Journals,  unless  otherwise  ordered  by  the  Convention, 
and  shall  be  referred  to  appropriate  committee  without  de- 
bate. 

The  question  was  upon  the  adoption  of  the  substitute. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — ■•Messrs.  Baker,  Bennett,  Blackburn,  Blount,  Broome, 
Bush,  Carter,  Carr,  Carson,  Challen,  Chandler,  Coker,  Conover, 
Davis,  Duncan,  Earle,  Fogarty,  Fowler,  Gibbs,  Goodbread, 
Goss,  Hatch,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lewis,  Malone, 
Mann,  Marshall,  Maxwell,  Miller,  Mitchell,  Monsalvatge,  Park- 
hill,  Parsons,  Petty,  Randall  of  Duval,  Randall  of  Madison, 
Robertson,  Rowe,  Sanchez,  Sheats,  Taylor,  Tedder,  Tompkins, 
Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Whitmire, 
Wilson  of  Polk  and  Manatee,  Yonge  and  Zipperer— 61. 

Na3'S — Messrs.  Bell  of  Brevard  and  Dade,  Bethel,  Campbell, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Davidson,  Edge,  Geno- 
var,  Gillis,  Green,  Hausman,  Humphries,  Lesley,  Lutterloh, 
Milton,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Parker,  Pelot,  Randolph,  Richard,  Scott, 
Speer,  Stone,  Swearingen,  Tolbert.  Wrecks,  Wilson  of  Clay  and 
Wylly— 32. 

So  the  substitute  was  lost,  two-thirds  not  voting  in  the 
affirmative. 

The  roll  of  counties  being  called  the  following  Articles, 
Ordinances  and  Resolutions  were  introduced  : 

Mr.  Yonge  moved  that  the  Resolutions,  Ordinan  -es  and  Ar- 
ticles be  read  by  their  titles  only,  and  referred  to  the  appro- 
priate committees ; 

Which  was  agreed  to,  and  the  following  ordinances  were 
read  by  their  titles,  and  referred  as  follows  : 

By  Mr.  Sheats,  Ordinance  No.  21  :  Providing  for  the  divis- 
ion of  counties  into  school  districts,  and  authorizing  districts 
to  vote  a  special  tax  for  school  purposes  ; 

Which  was  referred  to  Committee  on  education. 

By  Mr,  Sheats,  Ordinance  No.  22  :  Providing  for  separate 
and  equal  public  schools  for  the  races  and  preventing  mixed 
schools  ; 

Which  was  referred  to  Committee  on  Education. 


89 


By  Mr.  Yonge,  Ordinance  No.  23  :  Referring  to  the  body 
exercising  the  legislative  authority  of  this  State  ; 

Which  was  referred  to  Committee  on  Legislative  Depart- 
ment. 

By  Mr.  Lesley,  Ordinance  No.  24 :  Relative  to  Legislative 
powers,  elections  and  assembling  of  the  same ; 

Which  was  referred  to  Committee  on  Legislative  Depart- 
ment. 

By  Mr.  Lesley,  Ordinance  No.  25 ;  Relating  to  tax  deeds  ; 
Which  was  referred  to  Committee  on  Judiciary  Department. 
By  Mr.  Mitchell,  Ordinance  No.  26  :  Relative  to  suffrage ; 
Which  was  referred  to  Committee  on  Suffrage  and  Eligi- 
bility. 

By  Mr.  Lutterloh,  Ordinance  No.  27:  To  establish  a  State 
Prison ; 

Which  was  referred  to  Committee  on  Public  Institutions. 

By  Mr.  Hocker,  Ordinance  No.  28 :  Relative  to  the  amend- 
ment of  Sections  1,  .3,  4,  5,  t,  8,  9,  10  and  19,  of  Article  YI 
of  the  Constitution,  relating  to  the  Judicial  Department ; 

Which  was  referred  to  the  committee  on  Judiciary  Depart- 
ment. 

By  Mr.  Edge,  Ordinance  No.  29  :  Relative  to  exempting 
property  of  widow  women  and  maimed  persons  to  the  amount 
of  $150  from  Taxation  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Blackburn,  Ordinance  No.  30  :  Providing  the  man- 
ner of  selecting  Notaries  Public  ; 

Which  was  referred  to  Committee  on  Judiciary  Depart- 
ment. 

By  Mr.  Blackburn,  Ordinance  No.  31  :  Defining  the  elective 
officers  of  each  county  ; 

Which  was  referred  to  Committee  on  County,  Township  and 
City  Organization. 

By  Mr.  Sheats,  Ordinance  No.  32:  Preventing  the  lending 
of  county  or  district  school  funds  or  their  application  to  any 
other  than  school  purposes  ; 

Which  was  referred  to  Committee  on  Education. 

By  Mr.  Fowler,  Resolution  No.  115  :  Relative  to  special 
tax  on  unimproved  lands  for  construction  and  repair  of  public 
roads  and  highways  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Parsons,  Resolution  No.  116  :  Relating  to  a  road 
tax  on  unimproved  lands  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Zipperer,  Resolution  No.  117  :  Relative  to  election 
of  Justices  of  the  Peace  ; 


90 


Which  was  referred  to  Committee  on  Judicial  Depart- 
ment. 

By  Mr.  Mitchell,  Resolution  No.  118  :  For  relief  of  persons 
convicted  of  misdemeanors ; 

Which  was  referred  to  Committee  on  Schedule. 

By  Mr.  Parker,  Resolution  No.  119:  Prescribing  mode  of 
creating  new  counties  ; 

Which  was  referred  to  Committee  on  County  and  City  Or- 
ganization. 

By  Mr.  Johnston,  Resolution  No.  120  :  Restricting  the  power 
of  Railway  and  other  Corporations  ; 

Which  was  referred  to  Committee  on  Private  Corporations. 

By  Mr.  Hendley,  Resolution  No.  121:  Relating  to  Polyg- 
amy; 

Which  was  referred  to  Committee  on  Preamble  and  Bill  of 
Rights. 

By  Mr.  Carson,  Resolution  No.  122:  Referring  to  Educa- 
tion ; 

Which  was  referred  to  Committee  on  Education. 

By  Mr.  Hatch,  Resolution  No.  123  :  To  make  County  Com- 
missioners ex-officio  members  of  the  County  Board  of  Public 
Instruction ; 

Which  was  referred  to  Committee  on  Education. 

By  Mr.  Wilson,  of  Polk,  Resolution  No.  124  :  Relative  to 
County  Courts  ; 

Which  was  referred  to  Committee  on  Judicial  Department. 

By  Mr.  Randolph,  Resolution  No.  125 :  Concerning  the 
final  passage  of  bills  in  the  House  of  Representatives ; 

Which  was  referred  to  Committee  on  Legislative  Depart- 
ment. 

By  Mr.  Randall,  of  Madison,  Resolution  No.  126:  Relating 
to  appointment  of  County  Commissioners  and  defining  their 
power ; 

Which  was  referred  to  Committee  on  County,  Township  and 
City  Organization. 

By  Mr.  Hausman,  Resolution  No.  127  :  Authorizing  County 
Judges  to  issue  marriage  licenses  ; 

Which  was  referred  to  Committee  on  County,  Township  and 
City  Organization. 

By  Mr.  Hausman,  Resolution  No.  128  :  Relating  to  bonds  of 
county  officers  and  their  approval  : 

Which  was  referred  to  Committee  on  County,  Township  and 
City  Organization. 

By  Mr.  Hausman,  Resolution  No.  129  :  Separating  time  for 
holding  National  and  State  elections  ; 


91 


Which  was  referred  to  Committee  on  County,  Township  and 
Cit}'  Organization. 

By  Mr.  Blackburn,  Resolution  Xo.  130  :  Relating  to  amend- 
ment of  Bill  of  Rights  ; 

Which  was  referred  to  Committee  on  Preamble  and  Bill  of 
Rights. 

By  Mr.  Morgan,  Resolution  Xo.  131:  Relating  to  Public 
Institutions  ; 

Which  was  referred  to  Committee  on  Public  Institutions. 

REPORTS  OF  COMMITTEES. 

Mr.  Sanchez,  Chairman  of  Committee  on  Judiciar}'  Depart- 
ment, made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  19,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Judicial  Department  to  whom  was 
referred 

Ordinance  Xo.  81,  by  Mr.  S heats,  of  Alachua,  in  reference 
to  the  election  of  count}'  officials,  and  providing  for  their  re- 
moval, respectfully  refer  the  same  back  to  the  Convention, 
except  so  much  thereof  as  refers  to  election  of  County 
Judges,  with  a  recommendation  that  it  be  referred  to  the  Com- 
mittee on  Township,  County  and  City  Organization;  also,  in 
reference  to  Resolution  Xo.  109,  b}^  Mr.  Hendley,  of  Hernando, 
relating  to  Tax  Titles  ;  also,  Resolution  Xo.  103,  by  Mr. 
Herndon,  relating  to  the  qualifications  of  jurors,  and  Resolu- 
tion Xo.  —  ,  by  Mr.  Stone,  in  relation  to  drawing  the  Grand 
and  Petit  Jurors  in  this  State  ;  3^our  committee  would  re- 
spectfully refer  them  back  to  this  Convention  with  the  recom- 
mendation that  they  be  laid  upon  the  table. 

Yer}^  respectfully, 

E.  C.  F.  Sanchez,  Chairman. 

Which  was  read,  received  and  bj'  motion  of  Mr.  Yonge,  the 
report  of  the  committee  and  accompanying  papers  were  placed 
among  the  orders  of  the  day. 

Mr.  Mann,  Chairman  of  the  Committee  on  Suffrage  and  Eli- 
gibility, made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  19,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Suflrage  and  Eligibility,  to  whom 
was  referred  — 


92 


Resolution  No.  15,  on  election  of  officers, 
Have  considered  the  same  with  favor,  but  recommend  that 
the  same  be  given  to  the  Judicial  Department. 

Yery  respectfully, 

A.  S.  Mann,  Chairman. 

Which  was  read,  received  and  placed  among  the  orders  of 
the  day. 

Mr.  Griilis,  Chairman  of  the  Committee  to  Revise  and  Super- 
vise the  Recording  of  the  Journal,  made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla  ,  June  19,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Revising  and  Supervising  tlie  Re- 
cording of  the  Journal,  report  that  they  revise  the  Journal 
from  day  to  day  and  will  report  from  time  to  time,  as  may  be 
necessary. 

Yery  respectfully, 

Irvin  Gillis,  Chairman. 

Which  was  received  and  read. 

The  second  reading  of  ordinances  was  declared  in  order. 
Ordinance  No  3  :  On  the  Distribution  of  Powers,  was  read 
the  second  time. 

Mr.  Malone  offered  the  following  as  a  substitute : 

ARTICLE  III. 

THE  DISTRIBUTION  OF  THE  POWER  OF  GOVERNMENT. 

Section  1.  The  Power  of  the  Government  of  the  State  of  Flor- 
ida shall  be  divided  into  three  distinct  departments,  each  of 
them  to  be  confided  to  a  separate  body  of  magistracy,  to-wit : 
Those  which  are  legislative,  to  one ;  those  which  are  execu- 
tive, to  another  ;  and  those  which  are  judicial,  to  another. 

Sec.  2.  No  person  or  collection  of  persons  being  of  one  of 
those  departments  shall  exercise  any  power  properly  belong- 
ing to  either  of  the  others,  except  in  the  instances  hereinafter 
expressly  proAdded  in  this  Constitution. 

Mr.  Miller  offered  the  following  amendment  : 

Amend  the  article  reported  by  the  Committee  on  Distribu- 
tion of  Powers  as  follows: 

Add  after  the  word  "  except,"  in  third  line,  the  following 
words  :  "  That  the  Legislature  may  confer  upon  a  Board  of 
Commissioners  the  power  to  regulate  such  matters  pertaining 
to  railroads  and  other  corporations  as  maybe  deemed  advisable, 
and  may  confer  both  judicial  and  administrative  power  upon 
such  board." 


93 


Mr.  Mann  moved  that  the  article,  substitute  and  amendments 
be  referred  back  to  committee. 

Mr.  Griilis  moved  to  lay  the  motion  on  the  table ; 
Which  was  agreed  to. 

Mr.  Miller  moved  to  have  the  article,  substitute  and  amend- 
ment printed  and  lay  over  until  to-morrow. 

Mr.  Bethel  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Baker  moved  that  the  article  be  made  a  special  order  of 
the  day  for  11  o'clock  A.  M.  on  Tuesday-  next. 

Mr.  Tolbert  moved  to  la}^  the  motion  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  on  the  amendment  offered  hy  Mr.  Miller. 

Mr.  Miller  moved  that  the  Article  and  proposed  amendments 
be  made  the  special  order  of  the  da}-  for  10:30  o'clock  A.  M. 
Tuesday  next  ; 

W^hich  was  agreed  to. 

Upon  motion  of  Mr.  Walter,  the  members  of  the  Supreme 
Court  were  invited  to  seats  within  the  bar  at  all  times. 
Article  5  was  read  the  second  time. 

Mr.  Maxwell  moved  that  it  be  made  a  special  order  of  the 
day  for  Monday  next : 
Which  was  agreed  to. 

Messrs.  Weeks,  Challen,  Clarke  and  Sanchez  and  the  Re- 
cording Clerk  were  granted  leave  of  absence  until  Monday. 

Mr,  Conover  moved  that  all  articles,  sections,  ordinances 
and  resolutions  pertaining  to  the  Constitution,  which  shall  be 
reported  by  the  committees,  shall  be  printed  and  laid  upon  the 
desks  of  members  one  day  before  they  shall  be  considered  or 
read  the  first  time  ; 
,    Which  was  agreed  to. 

Messrs.  Blount  and  Johnston  were  granted  leave  of  absence 
until  Tuesday. 

Messrs.  McCaskill,  Mann  and  Odom  were  granted  leave  of 
absence  until  Monda3^ 

Mr.  Randall,  of  Duval,  moved  that  the  Convention  adjourn 
until  10  o'clock  A.  M.  Monday  that  the  committees  might  have 
time  to  work  ; 

Which  was  agreed  to, and  the  Convention  was  so  adjourned. 


94 


ELEVENTH  DAY. 


MONDAY,  June  22,  1885. 

The  Convention  met  pursuant  to  adjournment. 
The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Alessrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cock,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell, 
Monsalvatge,  Moi-gan,  Neel,  Oliveros,  Orman,  Parker,  Parsons, 
Paterson,  Petty,  J^elot,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Richaid,  Robertson,  Rowe,  Scott,  Sheats,  Stone, 
Swearingen,  Tavlor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Wellman, 
Westcott,  Whitmir^,  Wilson  of  Clay,  Wilson  of  Pulk  and 
Manatee,  Wj^lly  and  Yonge — 92. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Pelct  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Hicks  introduced  a  memorial  on  the  subject  of  temper- 
ance from  the  citizens  of  Franklin  county  ; 

Which  was  read  by  its  title  and  referred  to  the  Committee 
on  Temperance. 

Mr.  Ives  introduced  a  memorial  from  the  citizens  of  Colum- 
bia count}^  relating  to  the  Agricultural  College; 

Which  was  read  and  referred  to  the  Committee  on  Educa- 
tion. 

Mr.  Sheats  offered  a  resolution  on  temperance  from  the 
Gainesville  District  Conference  of  the  M.  E.  Church,  South  ; 

Which  was  read  and  referred  to  the  Committee  on  Temper- 
ance. 

The  following  resolutions,  introduced  on  last  Friday,  were 
taken  up: 


95 


B}^  Mr.  Yonge :  Resolved^  That  the  form  of  Rule  Xo.  18  be 
amended  b}'  inserting  between  reports  of  select  committees 
and  consideration  of  articles,  sections  and  ordinances  on  their 
first  reading,  the  following:  '"Orders  of  the  Day;" 

Which  was  read  and  adopted. 

B}'  Mr.  Yonge :  Resolved,  That  sub-division  6  of  Rule  18 
be  amended  b\^  adding  the  following  :  "And  when  a  report  is 
made  by  any  such  committee,  the  same  shall  be  read,  and  to- 
gether with  accompanying  articles,  ordinances,  sections  or 
other  papers  be  placed  among  the  '  orders  of  the  day."  for  fur- 
ther consideration  ;'" 

Which  was  read  and  adopted. 

The  roll  of  counties  being  called  the  following  Articles.  Or- 
dinances and  Resolutions  were  introduced,  rend  by  their  titles 
and  referred  to  appropriate  committees  : 

By  Mr.  Parsons,  Resolution  No.  33  :  To  prohibit  special 
taxes  on  occupation  and  lawful  industries  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Davis,  Ordinance  Xo.  34  :  On  the  mode  of  amend- 
ino-  and  revising  the  Constitution  : 

Which  was  referred  to  Committee  on  Constitutional  Amend- 
ments. 

B}'  Mr.  Baker,  Ordinance  Xo.  35  ;  Proposing  amendments 
to  the  Constitution  ; 

Which  was  read  and  referred  to  Committee  on  Constitu- 
tional Amendments, 

B}'  Mr.  Coker.  Ordinance  Xo.  36  :  Relative  to  Legislative 
Department  ; 

Which  was  referred  to  the  Committee  on  Legislative  De- 
partment. 

By  Mr.  Marshall.  Ordinance  Xo.  37  :  Proposing  a  preamble 
for  the  new  Constitution  :  also.  Sections  1  and  2  of  Declara- 
tion of  Rights ;  also,  a  section  providing  that  the  privilege  of 
the  writ  of  habeas  corpus  shall  not  be  suspended  by  the  au- 
thorities of  Florida  : 

AVhich  was  referred  to  the  Committee  on  Preamble  and 
Bill  of  Plights. 

By  Mr.  Marshall.  Ordinance  Xo.  38  :  Giving  the  Legislature 
power  to  confer  upon  the  Boards  of  County  Commissioners 
further  powers  of  local  legislation  and  administration; 

Which  was  referred  to  the  Committee  on  Legislative  De- 
partment. 

By  Mr.  Pelot.  Ordinance  Xo.  39  :  Relative  to  eligibility 
of  Senators  or  Representatives  for  office  created  or  salary  of 
which  is  increased  during  term  for  which  elected  ; 


96 


Which  was  referred  to  the  Committee  on  Suffrage  and  Eligi- 
bility. 

By  Mr.  Cook,  Ordinance  No.  40  :  Relating  to  the  equaliza- 
tion of  taxes  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Bennett,  Ordinance  No.  41 :  To  permit,  restrict  or 
prohibit  the  ranging  of  live  stock  within  the  limits  of  any 
county  hy  a  majority  vote  of  the  qualified  electors  of  such 
county  ; 

Which  was  referred  to  Committee  on  Miscellaneous  Pro- 
visions. 

By  Mr.  Broome,  Ordinance  No.  42  :  To  secure  minority  rep- 
resentation on  Boards  of  Countv  Commissioners  ; 

Which  was  referred  to  Committee  on  County  and  City  Or- 
ganization. 

By  Mr.  Bell,  of  Brevard,  Besolution  No.  133  :  Making  further 
provisions  for  the  Common  Schools,  the  Agricultural  College 
and  the  East  and  West  Florida  Seminaries ; 

Which  was  referred  to  Committee  on  Education. 

By  Mr.  Stone,  Resolution  No.  134  :  In  relation  to  electors  ; 

Which  was  referred  to  Committee  on  Suffrage  and  Eligibil- 
ity. 

By  Mr.  Baker,  Resolution  No.  135  :  Providing  for  the  or- 
ganization of  County  Courts  ; 

Which  was  referred  to  the  Committee  on  Judicial  Depart- 
ment. 

By  Mr.  Fowler  :  Resolution  No.  136:  In  relation  to  military 
companies  giving  bond  before  drawing  arms ; 

Which  was  referred  to  the  Committee  on  Militia. 

By  Mr.  Fowler,  Resolution  No.  137  :  On  behalf  of  the  com- 
mon schools,  Agricultural  College,  the  East  and  West  Florida 
Seminaries ; 

Which  was  referred  to  the  Committee  on  Education. 

By  Mr.  Hargret,  Resolution  No.  138  :  On  temperance  ; 

Which  was  referred  to  Committee  on  Temperance. 

By  Mr.  Pelot,  Resolution  No.  139  :  Relating  to  manner  of 
filling  vacancies  occurring  in  the  General  Assembly  from  cer- 
tain causes  ; 

Which  was  referred  to  Committee  on  Legislative  Depart- 
ment. 

REPORTS  OF  COMMITTEES. 

Mr.  BetheLChairman  of  the  Committee  on  Legislative  De- 
partment, made  the  following  report : 


97 


CoNVE.vTioN  Hall.  Tallaha-see.  Fla.,  Jane  22>  1885. 
Hox.  Samuel  Pasco. 

President  of  the  Gonvention  : 
Sir  ;  Your  Committee  on  Legislative  Department,  to  Tvhich 

was  referred  — 

Article  IV.  on  L9o:i6latlve  Department,  considered  the  same, 
and  iiave  embDbied  their  cone  usions  in  an  article  whicli  ac- 
companies lliis  report,  wliicli  tlie^-  recommend  for  adoption. 
Your  committee  in  considering  the  framing  of  this  article, 
have  also  considered  E.e-r,Uirioa  Xo.  23,  as  to  defining  the  body 
exercising  the  legislative  an  hority  of  the  State  :  also,  Resolu- 
tion Xo.  24.  as  to  election  and  assembling  of  the  Legislature  : 
also,  Resoliuion  Xo,  TO.  relating  to  the  time  of  meeting  of  the 
Legislature,  length  of  session  and  compensation  ;  also,  Reso- 
lution Xo.  73,  limiting  the  time  of  the  session  of  the  Legisla- 
ture :  also.  Resolution  Xo.  82.  relative  to  the  session  of  the 
Legislature:  also,  Resolution  Xo.  125.  concerning  the  final 
passage  of  bills  in  the  House  of  Representatives  :  also.  Reso- 
lution In  re  to  Board  of  Internal  Improvement,  and  they  re- 
turn herewith  the  same  resolutions,  for  such  action  as  the 
Convention  may  deem  proper. 

R  e  s  p  e  c  t  f  u  1 1  \  •  s  u  b  m  i  1 1  e  d . 

L.  VT.  Bethel.  Cha'rman. 

Which  was  read  and  the  accompanying  papers  were  placed 
among  the  orders  of  the  day. 

Mr.  Pelot.  Chairman  of  the  Committee  on  Schedule,  made 
the  following  report  : 

CoxvEXTiO-V  Hall,  > 
Tallahassee,  Fla..  June  22.  1885.  > 

Hox.  Samuet.  Pa^co, 

President  of  the  Convention  • 
Sir  :  Your  Committee  on  Schedule  to  whom  was  referred — 
Preamble  and  Resolution  Xo.  118,  off'ered  by  Mr.  Mitchell, 

relative  to  the  relief  of  persons  convicted  of  felony,  would  re- 
spectfully report  the  same  back  to  the  Convention,  with  the 
recommendation  that  it  be  laid  upon  the  table. 

Very  respectfully.' 

J.  C.  Pelot, 
Chairman  of  Committee. 
Wliich  was  read,  and  the  accompanying  papers  were  placed 
among  the  orders  of  the  day. 

ORDERS  OF  THE  DAY 

Article  IV,  as  reported  by  the  Committee  on  Legislative 
Department,  was  read,  as  follows  : 


98 


ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Section  1,  The  Legislative  authority  of  this  State  shall  be 
vested  in  a  Senate  and  Assembly,  which  shall  be  designated 
The  Legislature  of  the  State  of  Florida,"  and  the  sessions 
thereof  shall  be  held  at  the  seat  of  government  of  the  State. 

Sec.  2  The  regular  sessions  of  the  Legislature  shall  be  held 
bienniall}^,  commencing  on  the  first  Tuesday  after  the  first 
Monday  in  January,  A.  D.,  188t,  and  on  the  corresponding 
day  of  every  second  year  thereafter,  but  the  Governor  ma^^  con- 
vene the  same  in  extra  session  by  his  proclamation. 

Sec.  3.  The  members  of  the  Assembly  shall  be  chosen  bien- 
nially, those  of  the  first  Legislature  on  the  first  Tuesday  after 
the  first  Monday  in  November,  A.  D.  1886,  and  thereafter  on 
the  corresponding  day  of  every  second  year. 

Sec.  4.  Senators  shall  be  chosen  for  the  term  of  four  years, 
tit  the  same  time  and  place  as  members  of  the  Assembly ; 
Promded^  That  the  Senators  elected  at  the  first  election  from 
the  Senatorial  Districts  designated  by  even  numbers  shall  va- 
cate their  seats  at  the  expiration  of  two  years,  and  thereafter 
all  Senators  shall  be  elected  for  the  term  of  four  years,  so  that 
one-half  of  the  whole  number  shall  be  elected  biennially. 

Sec.  5.  Senators  and  members  of  the  Assembly  shall  be  duly 
qualified  electors  in  the  respective  counties  and  districts  which 
they  represent.  The  pay  of  members  of  the  Senate  and  Assem- 
bly shall  not  exceed  six  dollars  per  day  for  each  day  of  ses- 
sion, and  mileage  to  and  from  their  homes  to  the  seat  of  gov- 
ernment, not  to  exceed  ten  cents  per  mile  each  way. 

Sec.  6.  Each  House  shall  judge  of  the  qualifications,  elec- 
tions and  returns  ol"  its  own  members,  choose  its  own  officers, 
including  a  President  of  the  Senate  ;  determine  the  rules  of  its 
proceedings,  and  may  punish  its  members  for  disorderlj^  con- 
duct, and  with  the  concurrence  of  two-thirds  of  all  the  mem- 
bers present  expel  a  member. 

Sec.  7.  Either  House  during  the  session  may  punish  by  im- 
prisonment any  person  no',  a  member  who  shall  have  been 
guilty  of  disorderly  or  contemptuous  conduct  in  its  presence, 
but  such  imprisonment  shall  not  extend  beyond  the  final  ad- 
journment of  the  session. 

Sec.  8.  A  majority  of  each  House  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  compel  the  presence  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  each  House  may  prescribe. 

Sec.  9.  An}^  person  who  shall  be  convicted  of  embezzlement 
or  defalcation  of  the  [funds  of  the]  State  or  any  county  there- 


99 


of.  or  of  having  gii-en  or  orferei  a  bribe  to  secure  his  elecuion 
or  appointEQe-it  to  oftiee.  or  of  having  given,  offered  or  received 
a  bribe  to  aid  in  tlie  procurement  of  office  for  any  other  person, 
shall  be  disqualified  from  holding  any  office  of  honor,  profi!;  or 
trust  in  the  State  :  and  the  Legislature  shall,  as  soon  as  prac- 
ticable, prrivide  by  law  for  xhe  punishment  of  such  embezzle- 
ment, defalcation  or  bribery,  as  a  felony. 

Sec.  10.  Each  house  shall  keep  a  journal  of  its  own  proceed- 
ings, which  shall  be  publishe'.i.  and  th-  yeas  and  nays  of  the 
members  of  eitiier  house  on  any  question  shall,  at  the  desire 
of  any  three  members  present,  be  entered  on  the  j3urual. 

Sec.  11.  The  doors  of  each  house  shall  be  kept  open  during 
its  session,  except  the  Senate  while  sitting  in  executive  ses- 
sion :  and  neither  shall,  without  the  C3nsent  of  the  o  her.  ad- 
journ for  more  than  three  >lays.  or  to  an}-  other  town  than  that 
in  which  they  may  be  holding  their  session. 

Sec.  12.  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  after  being  passed  in  one  house  may  be  amended 
in  the  other. 

Sec  13.  The  enacting  clause  of  every  law  shall  be  as  fol- 
lows :  "  The  people  of  the  State  of  Florida,  represented  in 
Senate  and  Assemlily.  do  enact  as  follows. 

Sec.  14.  Each  law  enacted  in  the  Legislature  shall  embrace 
but  one  subject  and  matter  properly  connected  therewith, 
which  subject  shall  be  brieliy  expressed  in  the  title  :  and  no 
law  shall  be  amended  or  revised  by  reference  to  its  title  only  : 
but  m  such  case  the  act  as  revised,  or  section  as  amen^led.  shall 
be  re  enacted  and  published  at  length. 

Sec  L5.  Every  bill  shall  Ije  read  by  sections  on  three  sev- 
eral days  in  each  house,  unless  in  case  of  emergency,  two- 
thirds  of  the  house  where  such  bill  may  be  pending  shall  deem 
it  expedient  to  dispense  with  this  rule  :  but  the  reading  of  a 
bill  by  sections  on  its  final  passage  shall  in  no  case  be  dis- 
pensed with,  and  the  vote  on  the  final  passage  oi  every  bill  or 
joint  resolution  shall  be  taken  by  yeas  and  nays,  to  be  entered 
in  the  Journal  of  each  house,  and  a  majority  of  the  members 
present  in  each  shall  be  necessary  to  pass  every  bill  or  j  jint 
resolution,  and  all  bills  or  joint  resolutions  so  passed  shall  be 
signed  hy  the  presi'.ling  officers  of  the  respective  houses,  and 
by  the  Secretary  of  the  Senate  and  Clerk  of  the  Assembly. 

Sec  16.  Xo  money  shall  be  drawn  from  the  treasury  except 
by  appropriation  made  by  law.  and  accurate  statements  of  the 
receipts  and  expenditures  of  the  public  money  shall  be  attached 
to  and  published  with  the  laws  passed  at  every  regular  session 
of  the  Legislature. 

Sec  it.  The  Legislature  shall  not  pass  special  or  local  laws 


100 


in  any  of  the  following  enumerated  cases  :  that  is  to  say,  regu- 
lating the  jurisdiction  and  duties  of  any  class  of  officers,  ex^ 
cept  municipal  officers,  or  for  the  punishment  of  crime  or  mis-- 
demeanor  ;  regulating  the  practices  of  courts  of  justice,  except 
municipal  courts  ;  providing  for  changing  venue  of  civil  and 
criminal  cases ;  granting  divorces  ;  changing  the  names  of  per- 
sons ;  vacating  roads,  town  plats,  streets,  alleys  and  public 
squares  ;  summoning  and  empanneling  grand  and  petit  juries,, 
and  providing  for  their  compensation  ;  for  the  assessment  and 
collection  of  taxes  for  State  and  county  purposes  ;  providing 
for  opening  and  conducting  elections  for  State  and  county  offi- 
cers, and  designating  the  places  of  voting ;  providing  for  the 
sale  of  real  estate  belonging  to  minors  or  other  persons  labor- 
ing under  legal  disabilities  ;  regulating  the  fees  of  officers  of 
the  State  and  county. 

Sec.  is.  In  all  cases  enumerated  in  the  preceding  section  all 
laws  shall  be  general  and  of  uniform  operation  throughout  the 
State,  but  in  all  cases  not  enumerated  or  excepted  in  the  pre- 
ceding section,  the  Legislature  may  pass  special  or  local  laws. 

Sec.  19,  Provision  may  be  made  by  general  law  for  brioging 
suit  against  the  State  as  to  all  liabilities  now  existing  or  here- 
after originating. 

Sec.  20.  Lotteries  are  hereby  prohibited  in  this  State. 

Sec.  2L  The  Legislature  shall  establish  a  uniform  system  of 
County  and  Municipal  Government,  which  shall  be  applicable, 
except  in  cases  where  local  or  special  laws  are  provided  by  the 
Legislature  which  may  be  inconsistent  therewith. 

Sec.  22.  The  Legislature  shall  provide  by  general  law  for 
incorporating  such  educational,  agricultural,  mechanical,mining 
and  other  useful  companies  or  associations  as  may  be  deemed 
necessary,  including  Free  and  Accepted  Masons,  Odd  Fellows, 
Knights  of  Honor,  Knights  of  Pythias  and  Royal  Arch  Ma- 
sons. 

Sec.  23.  No  person  who  is  not  a  qualified  elector  of  this 
State,  and  no  person  who  shall  have  been  convicted  of  bribery, 
forger}^  perjury,  larceny  or  any  felon3^  except  restored  to  civil 
rights,  shall  be  permitted  to  serve  on  juries. 

Sec  24.  Laws  shall  be  passed  regulating  elections,  and  pro- 
hibiting, under  adequate  penalties,  all  undue  inflence  thereon 
from  power,  bribery,  tumult  or  other  improper  practice. 

Sec.  2.5  Regular  se;s4ons  of  the  Legislature  may  extend  to 
sixty  days,  but  any  special  session  convened  by  the  Governor 
shall  not  exceed  twenty  days. 

Sec.  26.  All  property,  both  real  and  personal,  of  the  wife, 
owned  1)y  her  before  marriage,  or  acquired  afterward  by  gift,. 


101 


-^clevise,  descent,  purchase,  or  b}^  her  labor,  shall  be  her  separate 
property  and  not  liable  for  the  debts  of  her  husband. 

Sec.  27.  The  Legislature  shall  provide  for  the  election  by 
the  people  or  appointment  by  the  Governor  of  all  State  and 
county  officers  not  otherwise  provided  for  by  this  C  )U3titution, 
and  fix  by  law  their  duties  and  compensation. 

Sec  28.  Every  bill  which  may  have  passed  the  Legislature 
shall,  before  becoming  a  law,  be  presented  to  the  Governor  ; 
if  he  approves  it  he  shall  sign  it,  but  if  not  iie  shall  return  it 
with  his  objections  to  the  House  in  which  it  originated,  which 
House  shall  cause  such  objections  to  be  entered  upon  its  jour- 
nal, and  proceed  to  reconsider  it ;  if,  after  such  reconsidera- 
tion, it  shall  pass  b:)th  Houses  by  a  two  thirds  vote  of  the 
inembers  present,  which  vote  shall  be  entered  on  the  journal 
■of  each  House,  it  shall  become  a  law.  If  any  bill  shall  not  be 
returned  within  five  daj^s  after  it  shall  have  been  presented  to 
the  Governor  (Sundays  excepted)  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it.  If  the  Legislature,  by  its 
final  adjournment,  prevent  such  action,  such  bill  shall  be  a  law, 
unless  the  Governor,  within  ten  days  after  the  adjournment, 
shall  file  such  bill,  with  his  objections  thereto,  in  the  office  of 
the  Secretary  of  State,  who  shall  lav  the  same  before  the 
Legislature  at  its  next  session,  and  if  the  same  shall  receive 
two-thirds  of  the  votes  present  it  shall  become  a  law. 

Sec.  29.  The  Assembly  shall  have  the  sole  power  of  im- 
peachment ;  but  a  vote  of  two  thirds  of  all  members  present 
shall  be  required  to  impeach  any  officer;  and  all  impeachments 
shall  be  tried  by  the  Senate.  When  sitting  for  that  purpose 
the  Senators  shall  be  upon  oath  or  affirmation,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
Senators  present.  The  Senate  may  adjourn  to  a  fixed  day  for 
the  trial  of  any  impeachment,  and  may  sit  for  the  purpose  of 
such  trial  whether  the  Assembly  be  in  session  or  not,  but  the 
time  fixed  for  such  trial  shall  not  be  more  than 
six  months  from  the  time  articles  of  impeachment 
shall  be  preferred  by  the  Assembly.  The  Chief  Justice 
shall  preside  at  all  trials  by  impeachment  except  in  the 
trials  of  the  Chief  Justice,  when  the  Governor  hhall  preside. 
The  Governor,  members  of  the  Cabinet,  Justices  of  the  Su- 
preme Court,  and  Judges  of  the  Circuit  Court  shall  be  liable 
to  impeachment  for  any  misdemeanor  in  office,  but  judgment 
in  such  cases  shall  extend  only  to  removal  from  office  and  dis- 
qualification to  hold  any  oflfice  of  honor,  trust  or  profit  under 
the  State  ;  but  the  party  convicted  or  acquitted  shall  neverthe- 
less be  liable  to  indictment,  trial  and  punishment  according  to 
law.    All  other  officers  who  shall  have  been  appointed  to  office 


102 


by  the  Governor  or  elected  by  the  people,  may  be  suspended 
from  office  by  the  Governor  for  cause,  or  may  be  removed  from 
office  by  the  Governor  by  and  with  the  consent  of  Senate,  but 
they  shall  nevertheless  be  liable  t  )  indictment,  trial,  final  re- 
moval from  office  'and  punishment  according  to  law  for  any 
misdemeanor  in  office. 

Sec.  30.  Laws  making  appropriations  for  the  salaries  of 
public  officers  and  other  current  expenses  of  the  State  shall 
contain  provisions  on  no  other  subject. 

Sec.  31.  The  Legislature  shall  elect  United  States  Senators 
in  the  manner  prescribed  by  the  Congress  of  the  United  States 
and  by  this  Constitution. 

Which  was  read  and  laid  over  until  to-morrow  under  the 
rule. 

SPECIAL  ORDERS. 

Article  V  was  taken  up,  and,  upon  motion  of  Mr.  Milton, 
the  Convention  resolved  itself  into  a  Committee  of  the  Whole 
to  consider  Article  V,  as  offered  by  the  Committee  on  Execu- 
tive Department. 

Mr.  Oliveros  in  the  chair. 

The  Committee  of  the  Whole  arose,  reported  progress  and 
asked  leave  to  sit  again. 

Messrs.  Speer,  McKinnon  and  Monsalvatge  were  granted 
indefinite  leave  of  absence. 

Upon  motion  of  Mr.  Baker,  the  Convention  was  adjourned 
until  10  o'clock  A.  M.  to-morrow. 


TWELFTH  DAY. 


TUESDAY,  June  23,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 


103 


Good  bread,  Gross,  G-reen,  Hargret,  Hatch,  Hausman,  Hendiey, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hun- 
ter, Ives,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Lutterloh, 
Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell, 
Morgan,  McCaskill,  McClellan,  Xeel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of 
Duval,  Randell  of  Madison,  Richard,  Robertson,  Rogers, 
Pvowe,  Sanchez,  Scott,  Sheats,  Stone,  Swearingen,  Taj'lor, 
Tedder,  Thompson,  Tolbert,  Tompkins,  TurnbuU,  Wads- 
worth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott, 
Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — 103. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Humphries  moved  that  the  reading  of  the  Journal  be 
dispensed  with  ; 

Which  was  agreed  to. 

Mr.  Bennett  asked  that  the  Journal  be  corrected  as  follows  : 
In  the  title  of  Ordinance  No.  41,  introduced  by  him  yester- 
day, the  word  "  prevent  "  be  changed  so  as  to  read  "  permit 
Which  was  done. 

The  Journal  as  corrected  was  approved. 

Mr.  Conover  moved  that  in  the  introduction  of  Resolutions, 
Articles  and  Ordinances  the  call  of  the  counties  be  dispensed 
with  ; 

Which  was  agreed  to. 

The  following  Resolutions,  Ordinances  and  Articles  were  in- 
troduced, read  by  their  titles  and  referred  to  the  appropriate 
committees  : 

By  Mr.  Hocker,  Ordinance  No.  43  :  Amending  Section  15, 
Article  6,  of  the  Constitution,  relating  to  Justices  of  the 
Peace  ; 

Which  was  referred  to  Committee  on  Judicial  Depart- 
ment. 

B}^  Mr.  Orrnan,  Ordinance  No.  44 :  Relating  to  qualified 
voters  within  any  city  or  town,  and  who  are  entitled  to  vote 
on  expenditures  of  money  ; 

Which  was  referred  to  Committee  on  Suffrage  and  Eligibil- 
ity. 

By  Mr.  Pelot,  Ordinance  No.  45  :  Preventing  the  holding- 
of  more  than  one  lucrative  office  or  of  eligibility  to  seat  in 
General  Assembly  of  those  holding  United  States  or  State 
offices  or  appointments  ; 

Which  was  referred  to  Committee  on  Suffrage  and  Eligibil- 
ity. 

B}"  Mr.  Rogers,  Resolution  No.  140  :  To  permanently  locate 


104 


the  State  Prison  and  the  establishment  of  a  State  Farm  in 
connection  therevvith  ; 

Which  was  referred  to  Committee  on  State  Institutions. 

By  Mr.  Tedder,  Resolution  No.  141  :  To  reduce  the  number 
of  Judicial  Districts  in  this  State  from  t  to  4,  and  provide  for 
the  salaries  of  said  Judges  ; 

Which  was  referred  to  Committee  on  Judicial  Department. 

The  roll  of  committees  was  called,  and  the  following  re- 
ports offered  : 

By  Mr.  Yonge,  Chairman  of  the  Committee  on  County, 
Township  and  City  Organization  : 

Convention  Hall,  Tallahassee,  Fla.,  June  23,  1885. 
Hon.  Samuel  Pasco. 

President  of  the  Convention: 

Sir  :  Your  Committee  on  County,  Township  and  City  Or- 
ganization, to  whom  was  referred — 

Resolution  i^To.  12 authorizing  County  Judges  to  issue  mar- 
riage licenses,  beg  leave  to  report  that  the}^  have  examined  the 
same,  and  recommend  that  it  be  referred  to  the  Committee  on 
the  Judicial  Department,  it  having  reference  to  the  jurisdic- 
tion and  powers  of  a  branch  of  the  judiciary. 

Yery  respectfully, 

J.  E.  Yonge,  Chairman. 

Upon  motion,  the  report  was  received  and  the  accompany- 
ing papers  were  placed  among  the  orders  of  the  day. 
Also,  the  following  : 

Convention  Hall,  Tallahassee,  Fla.,  June  23,  1885. 
Hon.  Samuel  Pasoo, 

President  of  the  Convention  : 

Sir  :  Y^'our  Committee  on  County,  Township  and  City  Or- 
ganization, to  whom  was  referred — 

Resolution  No.  129  :  To  separate  the  times  of  holding  Na- 
tional and  State  elections,  beg  leave  to  report  that  they  have 
examined  the  same,  and  recommend  it  be  referred  to  Commit- 
tee of  the  Legislative  Department,  the  subject  n.ore  properh' 
belonging  to  Legislative  powers. 

Yery  respect full,y, 

j.  E.  Y^onge, 
Chairman  Committee. 

Which  was  read,  received  and  the  accompanying  papers 
placed  among  the  orders  of  the  day. 


105 


ORDERS  OF  THE  DAY. 

AiTicle  IV,  on  Legislative  Department,  which  was  read  for 
information  on  j'esterdaj^,  was  read  by  its  title  and  placed 
among  the  orders  of  the  dsiy  for  a  second  reading, 

SPECIAL  ORDERS. 

Article  III.  on  the  Distribution  of  Powers,  was  read. 
Mr.  Maxwell  moved  to  strike  out  the  word    functions  "  and 
insert  the  word  "  powers 
Which  was  agreed  to. 

Mr.  Miller  offered  the  following  amendment  : 

Amend  the  Article  reported  hy  the  Committee  on  Distribu- 
tion of  Powers  as  follows  : 

Add  after  the  word  except,''  in  third  line,  the  following 
words :  That  the  Legislature  mav  confer  upon  a  Roard  of 
Commissioners  the  power  to  regulate  such  matters  pertaining 
to  railroads  and  other  corporations  as  may  be  deemed  advis- 
able, and  may  confer  both  judicial  and  administrative  power 
upon  such  Board.'' 

Mr  Mann  offered  the  following  amendment  to  the  amend- 
ment : 

In  line  eight  strike  out  '*  railroads  and  other  and  insert 
''such.'*  In  line  ten.  after  confer  "  strikeout  •"both  judicial 
and." 

The  question  was  on  the  adoptiod  of  the  amendment  to  the 
amendment  : 

Which  was  not  agreed  to. 

The  question  was  on  the  adoption  of  the  amendment  by  Mr. 
Miller.  ' 

Mr.  W^'liy  moved  to  lay  the  amendment  on  the  table  ; 
The  3'eas  and  na3's  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Bethel, 
Blackburn,  Blount,  Broome.  Campbell,  Carter,  Carson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Edge,  Fogarty,  Fowler, 
Genovar,  G-illis,  Goodbread.  Hatch,  Hausman,  Henderson, 
Herhdon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Jones, 
Landrum,  Lesley,  Love,  Lutterloh,  Malone,  Mann.  Maxwell, 
Milton,  Monsalvatge,  Morgan.  McCaskill,  McClellau,  Xeel, 
Odom,  Oliveros,  Orman.  Parker,  ParkhilL  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Richard,  Rob- 
ertson, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Stone,  Swearin- 
gen,  Taylor,  Tedder.  Tolbert,  Tompkins,  TurnbuU,  Wadsworth, 
Wall,  Walter,  Weeks,  Wellman.  Westcott,  Whitmire,  Wilson 
of  Cla}^,  Wilson  of  Polk  and  Manatee,  Wyllj',  Yonge  and  Zip- 
perer — 79.. 


106 


Nays — Messrs.  Baker,  Bush,  Challen,  Chandler,  Clark  of 
Jackson,  Conover,  Earle,  Gibbs,  Goss,  Hargret,  Hendley, 
Johnston,  Marshall,  Miller,  Mitchell,  Petty,  Thompson  and 
Walker,  Jr.— 18. 

So  the  motion  to  lay  npon  the  table  was  agreed  to. 

Mr.  Tolbert  offered  the  followinar  substitute  for  Article 
III:  ^ 

The  powers  of  the  government  of  the  State  of  Florida  shall 
be  divided  into  three  departments.  Legislative,  Executive  and 
Judicial  ;  and  no  person  belonging  to  one  of  the  departments 
shall  exercise  any  powers  appertaining  to  the  others.  'Vhe  Leg- 
islature shall  have  power  to  establish  a  Railroad  Commis- 
sion ; 

Which  was  not  agreed  to. 

The  question  was  upon  the  engrossing  of  Article  III,  as  re- 
ported from  the  committee,  for  a  third  reading  on  to-mor- 
row ; 

Which  was  agreed  to  and  it  was  so  ordered. 

Upon  motion  of  Mr.  Baker,  the  Convention  went  into 
Committee  of  the  Whole  to  consider  Article  Y,  laid  over  from 
yesterday. 

Mr.  Oliveros  in  the  Chair. 

The  Committee  of  the  Whole  arose  and  made  the  following 
report : 

Convention  Hall,  June  22,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  The  Convention  having  resolved  itself  into  a  Com- 
mittee of  the  Whole  for  the  consideration  of  Article  Y,  as  re- 
ported by  the  Committee  on  the  Executive  and  Administra- 
tive Department,  I  hereby  respectfully  report  that  the  com- 
mittee have  had  the  said  Article  under  consideration,  and  have 
adopted  the  following  amendments  to  Section  3  : 

In  second  line  strike  out  nine  "  and  insert  "ten  also, 
strike  out  "three"  and  insert  "  five." 

Also  the  following  amendment  to  Section  5 : 

Strike  out  "  from  the  officers  of  the  Administrative  Depart- 
ment," and  insert  from  the  Administrative  officers  of  the 
Executive  Department." 

Also  the  following  amendments  to  Section  6: 

Strike  out  the  word see  "  and  insert  "take  care;"  also, 
strike  out  the  word  "  are  "  and  insert  be." 

Also,  the  following  amendment  to  section  t  : 

Add  after  "Commission"  in  3d  line,  "for  the  unexpired 
term,"  in  lieu  of  the  words  "  which  shall  expire  at  the  next 
election." 


107 


Also,  the  following  ameudment  to  section  8  : 
Add  after  the  words  "  especially  convened.'*  "  or  such  other 
legislative  business  as  the  G-oyernor  may  call  to  their  atten- 
tion while  in  session      also,  strike  out    except,"  and  insert 
*'  other  than.'' 

Also,  the  following  amendments  to  section  II  ; 
In  line  six  strike  out    final;"  also,  in  line  two  strike  out 
the  words  "  dating  from  time  of  conviction  :"'  also,  in  line  three 
strike  out  the  word  "  upon,''  and  insert  "in  cases  of,'' 
Also,  the  following  amendment  to  section  12  : 
Strike  out    Justices  of  the  Supreme  Court  and  Attorne}'- 
General,''  and  insert    administrative  officers  of  the  executive 
department." 

Also,  the  following  amendments  to  section  14  : 
Strike  out    countersigned,"  and  insert     attested  ;"  also, 
after  the  word     all,''  in  first  line,  insert  the  words  "  grants 
and." 

Your  committee  now  ask  to  be  discharged. 

Yery  respectfully, 

B.  F.  Oliveros.  Chairman. 

•  Which  was  read  and  received. 

It  was  moved  b}'  Mr.  Chandler  that  the  report  be  read  by 
sections  for  adoption. 

Mr.  Bethel  moved  to  lay  the  motion  to  read  by  sections  on 
the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett.  Bethel. 
Blackburn,  Carson,  Clarke  of  Jefferson,  Cook,  Davidson,  Davis. 
Duncan,  Earle,  Genovar.  Goodbread,  Green.  Flatch,  Hendley. 
Henderson,  Herndon,  Hope,  Jones,  Love,  Lutterloh.  Malone, 
Milton.  Morgan,  Odom.  Oliveros,  Pelot.  Richard,  Rogers.  Scott, 
Swearinojen,  Tedder,  Wall,  Weeks,  Wellman.  Westcott,  Wilson 
uf  Clay  ^and  Wylly— 39. 

Xays — Messrs.  Baker,  Bell  of  Hamilton.  Blount,  Broome. 
Bush,  Campbell,  Carter,  Carr,  Challen.  Chandler,  Clark  of 
Jackson,  Coker,  Conover,  Edge.  Fogartj',  Fowler.  Gibbs.  Gil- 
lis,  Goss,  Hargret,  Hicks,  Hocker,  Humphries,  Hunter,  Ives. 
Johnston,  Landrum,  Lesley.  Lewis.  Mann,  Marshall.  Maxwell. 
Miller,  Mitchell,  McCaskill,' McClellan,  Xeel,  Orman,  Parker. 
Parkhill,  Paterson,  Petty.  Randall  of  Duval,  Randell  of  Madi- 
son, Robertson.  Rowe,  Sanchez.  Sheats,  Stone.  Taylor,  Thomp- 
son. Tolbert,  Turnbull,  Wadsworth,  Walker,  Jr.,  Walter.  Whit- 
mire,  Wilson  of  Polk,  Yonge  and  Zipperer— 61. 

So  the  motion  to  lay  on  the  table  did  not  prevail. 


108 


The  Convention  then  proceeded  to  read  the  report  by  sec- 
tions : 

Section  1  was  read  and  passed  to  its  third  reading. 
Section  2  was  read. 

Mr.  Miller,  of  Marion,  moved  to  amend  Section  Two  (2)  of 
Article  Five  (5)  as  follows: 

Strike  out  in  Section  Two  (2)  of  Article  Five  (5)  the  words 
"  the  Grovernor  shall  be  elected  by  the  qaalified  electors  of  the 
State  at  the  time  and  place  of  voting  for  members  of  the  Leg- 
islature," and  insert  in  lieu  thereof  the  following  amendment  : 
The  Governor  shall  be  selected  in  the  following  manner  to- 
wit :  Electors  shall  be  apportioned  by  the  Legislature  to  the 
several  counties  in  this  State  according  to  the  number  of  in- 
habitants of  such  counties,  and  shall  be  elected  by  the  voters 
of  such  counties  at  the  time  and  place  of  voting  for  members 
of  the  Legislature  ;  on  the  third  Monday  after  the  election  of 
such  electors  tlie}^  shall  assemble  at  the  Capitol,  at  the  Seat  of 
Government,  and  shall  each  on  taking  his  seat  in  the  Assem- 
bly of  Electors,  register  his  name,  county  and  the  political 
party  to  which  he  belongs  with  the  Clerk  of  said  Assembl}^ 
The  said  electors  shall  then  proceed  to  elect  a  Governor  by  a 
viva  voce  vote,  and  the  person  receiving  a  majority  of  the  votes 
of  each  of  the  two  largest  political  parties  in  said  Assembly  of 
Electors  shall  be  Governor,  and  the  person  receiving  the  high- 
est vote  of  each  of  the  two  largest  political  parties  in  said  As- 
sembly, although  not  a  majority  of  either  of  said  parties,  shall 
be  Lieutenant  Governor.  If,  after  thirty  ballots  shall  have 
been  taken,  no  person  has  received  a  majority  of  each  of  the 
two  largest  political  parties  in  said  Assembly,  then  the  per- 
son receiving  the  highest  vote  of  any  two  political  parties, 
although  not  a  majority  of  either  of  such  parties,  shall  be  Gov- 
ernor. 

Mr.  McCiellan  moved  to  indefinitely  postpone  the  amend- 
ment, and  moved  the  previous  question ; 
Which  was  ordered. 

The  yeas  and  nays  were  called  for  on  the  indefinite  post- 
ponement. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Campbell,  Car- 
ter, Carr,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Co- 
ker.  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gil3bs,  Gillis,  Goodbread,  Green,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum, 
Lesley,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 


109 


MiltoHj  ?vIorgan,  McCaskill,  McClellan,  Neel,  Odom,  Oliveros, 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of 
Duval,  Randell  of  Madison,  Richard,  Robertson,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Stone,  Swearingen,  Taylor, 
Tedder,  Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Wall,  Wal- 
ter, Weeks,  Wellraan,  Westcott,  Whitmire,  Wilson  of  Clay, 
Wilson  of  Polk,  Wylly,  Yonge  and  Zipperer — 89. 

A^'ays — Messrs.  Baker,  Challen,  Chandler,  Goss,  Hargret, 
Lewis,  Miller,  Mitchi-ll,  Petty  and  Thompson — 10. 

So  the  amendment  was  indefinitely  postponed. 

Mr.  Mann  oiYered  the  following  amendment: 

In  line  two  strike  oat    four  "  and  insert  "two." 

Mr.  McCaskill  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Mann  offered  the  following  amendment: 
In  line  six.  Section  2,  strike  out    eightj'-eight  "  and  insert 
"  eighty-six." 

Mr.  McCaskill  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Mann  offered  the  following  amendments  to  section  2  : 

After  "  election,"  in  line  8,  add  "the  Governor  shall,  before 
he  enters  on  the  duties  of  his  office,  take  the  following  oath  or 
affirmation:  I  do  solernnlj^  swear  or  affirm  (as  the  case  may 
be)  that  I  will  faithfully  execute  the  office  of  Governor  of  the 
State  of  Florida,  and  will  to  the  best  of  my  ability  preserve, 
protect  and  defend  the  Constitution  thereof  and  the  Constitu- 
tion of  the  United  States  of  America." 

Mr.  Maxwell  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Swearingen  ofiered  the  following : 

Strike  out  in  section  2,  "  but  shall  not  be  eligible  for  re- 
election to  the  said  office  the  next  succeeding  term  ;" 
Which,  upon  motion,  was  laid  upon  the  table. 
The  section  was  passed  to  a  third  reading  as  amended. 
Section  3  was  read. 

Mr.  Bush  offered  the  following  amendment : 
Amend  by  adding  after  the  word  "  citizen,"  in  the  third  line, 
the  words  ''and  resident ;" 
Which  was  adopted. 

Mr.  Landrum  offered  the  following  amendment : 
After  the  word    election,"  in  line  two,  insert    who  his  not 
attained  to  the  age  of  35  years  ;" 
Which  was  not  agreed  to. 

Mr.  McClellan  moved  that  section  3  be  ado.jted  asair.eiided  ; 
Which  was  agreed  to. 


110 


Section  4  was  read. 

Mr.  Mann  moved  to  strike  out  line  two ; 
Which  was  not  agreed  to. 
Section  4  was  then  adopted- 
Section  5  was  read,  as  amended  bv  the  Committee  of  the 
Whole. 

Upon  motion,  it  v/as  adopted  as  read. 

Section  6  was  read,  as  amended  by  the  Committee  of  the 
Whole. 

Upon  motion,  the  amendment  offered  by  the  Committee  of 
the  Whole  was  adopted,  and  the  section,  as  amended,  was 
adopted. 

Section  7  was  read,  as  amended  by  the  Committee  of  the 
Whole. 

The  amendments  oftered  by  the  Committee  of  the  whole 
were  adopted  and  the  section  as  amended  was  adopted. 

Section  8  was  read,  as  amended  by  the  Committee  of  the 
Whole. 

The  amendments  offered  by  the  Committee  of  the  Whole 
were  adopted. 

Mr.  Mann  moved  to  strike  out  the  word  "  unanimous  "  in 
the  last  line  and  insert  in  lieu  thereof  "the  two-thirds  vote  of 
each  House 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Section  8  was  declared  adopted  as  amended. 
Section  9  was  read. 

Mr.  Orman  offered  the  following  substitute  for  Section  9  : 
He  shall  communicate  by  message  to  the  Legislature  at  each 
regular  session,  and  at  the  close  of  his  official  term,  to  the  next 
Legislature,  information  concerning  the  condition  of  the  State  ; 
and  recommend  such  measures  as  he  may  deem  expedient ; 
Which  was  adopted. 

Section  10  was  read  and  adopted  without  amendment. 
Section  11  was  read,  as  amended  by  the  Committee  of  the 
Whole. 

The  amendments  recommended  by  the  Committee  of  the 
Whole  were  adopted,  and  the  section,  as  amended,  was  declared 
adopted. 

Section  12  was  read,  as  amended  by  the  Committee  of  the 
Whole. 

Mr.  W^alker,  Jr.,  moved  that  the  amendments  offered  by  the 
Committee  of  the  Whole  be  not  adopted  ; 
Which  was  agreed  to. 

Pending  the  adoption  of  section  12,  Mr.  Paterson  asked 
leave  to  offer  the  following  invitation  : 


Ill 


Tallahassee,  June  23,  1885. 

Brother  Angus  Paterson^  Dear  Sir  and  Brother : 

Jackson  Lodge  No.  1,  F.  &  A.  M.,  propose  to  celebrate  the 
anniversary  of  St.  John  the  Baptist,  b}^  public  exercises  at 
Gallie's  Hall  to-morrow  night,  at  8:30  o'clock,  when  Bro.  A.  J. 
Russell  will  deliver  an  address  on  Masonry,  and  our  Lodge 
desires,  through  you,  to  extend  an  invitation  to  the  members 
of  the  Constitutional  Convention  to  be  present. 

All  masons  are  cordiallj^  invited  to  assemble  at  the  Lodge 
Room  at  7:30,  and  attend. the  exercises  in  a  body. 

Fraternally  3^ours, 

Jacob  R.  Cohen,  W.  M. 

Mr.  McClellau  moved  that  the  invitation  be  accepted  and 
thanks  returned  ; 

Which  was  agreed  to. 

Mr.  Mitche'l  moved  to  adjourn  ; 

Which  was  not  agreed  to. 

Section  12  was  read  as  first  offered,  and  was  declared 
adopted. 

Section  13  was  read  and  adopted  without  amendment. 
Section  14  was  read,  as  amended  b}^  the  Committee  of  the 
Whole,  and  was  declared  adopted  as  amended. 
Section  15  was  read. 

Mr.  Walter  offered  the  following  amendment : 
In  section  15,  2d  line,  strike  out  all  after  the  word  "  mili- 
tia 

Which  was  not  agreed  to. 

Mr.  Yonge  offered  the  following  amendment  to  Section  15, 
Article  Y : 

Provided^  That  this  Constitution  shall  work  no  vacancy  in 
the  ofi3ce  of  Adjutant-General,  as  now  constituted,  until  the 
expiration  of  the  present  term  ; 

Which  was  agreed  to. 

Mr.  Randall,  of  Duval,  offered  to  amend  by  striking  out  the 
words,  "by  and  with  the  consent  of  the  Senate;" 
Which  was  agreed  to 

Mr.  Thompson  offered  to  amend  as  follows  : 

Provided,  That  the  Legislature  ma}^,  in  the  3"ear  1888,  abol- 
ish the  office  of  Adjutant-General ; 
Which  was  not  agreed  to. 

Section  15,  as  amended,  was  then  declared  adopted. 
Mr.  Johnston  moved  that  the  Convention  adjourn  until  9 
o'clock  A.  M.  to-morrow; 

Which  was  agreed  to  and  the  Convention  was  so  adjourned. 


112 


THIRTEENTH  DAY. 


WEDNESDAY,  June  24,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  tiie  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade^ 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jeflerson,  Clark  of  Jackson,  Coker,  Coj^over,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Gren- 
ovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Green,  Hargret,  Flatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum^ 
Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Max- 
well, Miller,  Milton,  Mitchell,  Morgan,  McCaskill,  McClellan, 
Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Pat- 
erson,  Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tol- 
bert,  Tompkins,  Turnbull,  Wadsworth,  Wall,  Walter,  Weeks, 
Wellman,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 104. 

A  quorum  present. 

Prayer  b}^  the  Chaplain. 

Mr.  Fowler  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  so  as  to  show  that  Mr.  Maxwell, 
Chairman  of  Committee  on  Executive  and  Administrative 
Department,  offered  an  additional  section  to  Article  V,  as 
follows : 

Sec.  — .  All  officers  who  shall  have  been  appointed  or  elect- 
ed, and  who  are  not  liable  to  impeachment,  may  be  suspended 
from  office  by  the  Governor  for  cause  stated,  or  may  be  re- 
moved by  him  b}'  and  with  the  consent  of  the  Senate  ;  but 
such  suspension  or  removal  shall  not  relieve  them  from  in- 
dictment, trial  and  punishment  according  to  law  for  any  mis- 
demeanor in  office; 

Which,  together  with  all  amendments  offered  thereto,  was  re- 
ferred back  to  the  said  committee. 


113 


Mr.  Hocker  offered  the  foli owing  resolution  : 

Resolved^  That  the  President  of  the  Convention  be  requested 
to  have  printed,  and  to  furnish  each  member  of  the  Conven- 
tion with  two  copies  of  the  amendments  to  the  Kules,  which 
do  not  appear  on  the  Rules  as  printed,  and  of  the  new  Rules, 
printed  on  a  single  slip  of  paper. 

Mr.  Hargret  offered  the  following  resolution : 

Resolved^  That  this  Convention  do  now  proceed  to  employ 
two  persons  to  do  the  work  of  and  perform  the  duties  that  have 
been  performed  so  far  b}'  Jesse  Dennis,  and  that  Jesse  Dennis 
be  one  of  the  two. 

The  following  resolutions,  articles  and  ordinances  relating 
to  the  Constitution  were  offered,  read  by  their  titles  and  re- 
ferred to  the  appropriate  committees : 

By  Mr.  Blount,  Ordinance  Xo.  47  :  For  the  preservation  of 
rights  of  owners  of  real  estate  ; 

Which  was  referred  to  the  Committee  on  Miscellaneous 
Provisions. 

By  Mr.  Blount,  Ordinance  No.  48  :  Exempting  from  Taxa- 
tion certain  property  employed  in  manufactures  ; 

Which  was  referred  to  the  Committee  on  Taxation  and  Fi- 
nance. 

By  Mr.  Sanchez,  Article  Xo.  49  :  Relating  to  Suffrage  ; 
Which  was  referred  to  the  Committee  on  Suffrage  and  Eligi- 
bility. 

By  Mr.  Pelot,  Ordinance  Xo.  50  :  As  to  time  of  submitting 
Constitution  to  the  people  for  ratification  ; 

Which  was  referred  to  the  Committee  on  Schedule. 

By  Mr.  Pelot,  Ordinance  Xo.  51 :  Prescribing  the  manner 
of  announcement  and  publication  of  the  Constitution; 

Which  was  referred  to  the  Committee  on  Schedule. 

By  Mr.  Zipperer,  Resolution  Xo.  142 :  Application  of  poll 
tax  ; 

Which  was  referred  to  the  Committee  on  Taxation  and  Fi- 
nance 

By  Mr.  Zipperer,  Resolution  Xo.  143:  Relative  to  issuing 
bonds ; 

Which  was  referred  to  the  Committee  on  Judicial  Depart- 
ment. 

By  Mr.  Zipperer,  Resolution  Xo.  144  :  Restricting  Judges 
in  certain  cases ; 

Which  was  referred  to  the  Committee  on  Judicial  Depart- 
ment. 

By  Mr.  Rogers,  Resolution  Xo.  145  :  Assessing  one-eighth 
of  one  mill  on  the  dollar  for  the  benefit  of  the  State  Agricul- 

8 


114 


tural  College,  and  one-sixth  of  one  mill  for  the  benefit  of  the 
East  and  West  Florida  Universities ; 

Which  was  referred  to  the  Committee  on  Education. 

REPORTS  OF  COMMITTEES. 

The  roll  of  committees  being  called,  the  following  commit- 
tees reported  as  follows  : 

Mr.  Maxwell,  Chairman  of  Committee  on  Executive  and  Ad- 
ministrative Department,  made  the  following  reports  : 

Convention  Hall,  Tallahassee,  Fla.,  June  24,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  the  Executive  and  Administrative 
Department  to  which  was  referred — 

A  proposed  amendment  to  section  12,  Article  Y,  report  the 
same  back  without  recommendation,  as  the  said  section  has 
passed  bej^ond  the  stage  for  amendment. 

They  also  report  back  resolution  113  to  amend  section  1, 
Article  Y,  with  recommendation  that  it  be  laid  on  the  table, 
as  they  have  already  reported  the  number  of  administrative 
officers  they  think  required.  But  as  to  the  matter  of  providing 
for  an  Agricultural  Commission  or  Bureau,  they  suggest  its 
reference  to  the  Committee  on  the  Legislative  Department. 

They  also  report  back  a  proposed  section  19,  in  relation  to 
Lieutenant-Governor,  with  recommendation  that  it  be  laid 
on  the  table,  the  committee  having  alread}^  considered  the 
matter,  and  reported  adversely. 

Yery  respectfuUj^, 

A.  E.  Maxwell,  Chairman. 

Which  was  received,  read,  and  the  accompanying  papers 
placed  among  the  orders  of  the  day. 

Also  the  following  : 

Convention  Hall,  Tallahassee,  Fla.,  June  24,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  committee  on  the  Executive  and  Administrative 
Department  to  which  was  referred — 

Additional  Section  to  Article  Y,  in  relation  to  suspension 
and  removal  of  officers,  together  with  the  several  amendments 
to  the  same  and  the  substitutes  therefor,  after  due  considera- 
tion of  all  the  questions  presented  b}"  the  said  various  propo- 
sitions, have  agreed  upon  a  substitute,  which  they  submit 
herewith,  recommending  its  adoption. 

Yery  respectfull}^, 

A.  E.  Maxwell,  Chairman. 


115 


TVhich  was  received,  read,  and  the  papers  accompanying  the 
report  were  placed  among  the  orders  of  the  day. 

Mr.  Oliveros.  Cnairman  of  the  Enrollment  and  Engrossing 
Committee,  made  the  following  report  : 

Convention  Hall. 
Tallahassee.  Fla..  June  24.  1SS5.) 

Hon.  Samuel  Pasco. 

Fre'^ident  of  the  Coro:erdion  : 

Sir:  Your  Committee  on  Enrollment  and  Engrossment,  to 
TThom  was  referred — 

Article  Xo.  3.  on  Distribution  of  Powers,  beg  leave  to  report 
that  the}'  have  compared  the  engrossel  Article  and  find  the 
same  properly  engrossed. 

Terv  respectfully. 

B.  F.  Oliveros.  Chairman. 
Sam'l  E.  Hope. 
Theodore  Randell. 
H.  H.  Duncan. 
W.  F.  Thompson. 

Committee. 

Which  was  received  and  read. 

Mr.  Milton.  Chairman  of  the  Committee  on  Preamble  and 
Bill  of  Rights,  made  the  following  report : 

Convention  Hall.  Tallahassee.  Fla..  June  24.  1S85. 

Hon.  Samuel  Pasco. 

President  ot  the  Convention  : 

Sir  :  Your  Committee  on  Preamble  and  Bill  of  Rights,  to 
whom  was  referred — 

v?^^Resolution  Xo.  2.  introduced  by  Mr.  Rogers,  of  Suwannee, 
in  relation  to  Preamble  and  Bill  of  Rights  :  Resolution  Xo.  12, 
introduced  by  Mr.  Carr,  of  Leon,  entitled  "  An  ordinance  per- 
taining to  the  Bill  of  Rights  :""  Ordinance  X^o.  37.  in-roduced 
by  Mr.  Marshall,  of  Levy,  proposing  a  preamble  and  certain 
sections  to  be  inserted  in  Bill  of  Rights:  Resolution  Xo.  9S, 
introduced  by  Mr.  Miller,  of  Marion,  relative  to  the  election  of 
all  officers  by  the  people,  and  the  rights  of  defendants  in  crimi- 
nal cases,  to  be  inserted  in  Bill  of  Rights  ;  Resolution  X'o.  101. 
introduced  l»y  Mr.  Oliveros,  of  St.  Johns,  the  rights  of  for- 
eigners to  hold  and  dispose  of  property:  Resolution  X'o.  121, 
introduced  by  Mr.  Hendley,  of  Hernando,  relating  to  polyga- 
my ;  Resolution  Xo.  180.  introduced  by  Mr.  Blackburn,  of  Su- 
wannee, entitled  An  Amendment  to  the  Bill  of  Rights." 
Beg  leave  to  respectfully  report  as  follows  :  TTe  have  given 


116 


all  of  said  resolutions,  amendments  and  ordinances  due  con- 
sideration, and  such  as  seemed  proper  to  be  inserted  therein 
we  have  incorporated  in  the  Bill  of  Rights,  which  we  report, 
and  respectfully  beg  leave  to  refer  all  of  said  articles,  resolu- 
tions and  ordinances  back  to  the  Convention,  and  ask  to  be 
discharged  from  the  further  consideration  thereof. 

yer}^  respectfully, 

W.  H.  Milton,  Chairman. 
Which  was  received,  read  and  the  accompanying  Preamble 
and  Bill  of  Bights  was  read  as  follows  : 

PREAMBLE. 

We,  the  people  of  the  State  of  Florida,  grateful  to  Almighty 
God  for  our  constitutional  liberty?,  in  order  to  secure  its  bless- 
ings and  form  a  more  perfect  government,  insuring  domestic 
tranquility,  maintaining  public  order,  and  guaranteeing  equal 
civil  and  political  rights  to  all,  do  ordain  and  establish  this 
Constitution. 


DECLARATION  OF  RIGHTS. 

Section  1.  All  men  are  equal  before  the  law,  and  have  cer- 
tain inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing  and  protecting 
property,  and  pursuing  and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security  and  benefit 
of  its  citizens,  and  they  have  the  right  to  alter  or  amend  the 
same  whenever  the  public  good  may  require  it ;  but  the  para- 
mount allegiance  of  every  citizen  is  due  to  the  Federal  Gov- 
ernment, and  no  power  exists  with  the  people  of  this  State  to 
dissolve  its  connection  therewith. 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate  forever. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  pro- 
fression  and  worship  shall  forever  be  allowed  in  this  State, 
and  no  person  shall  be  rendered  incompetent  as  a  witness  on 
account  of  his  religicus  opinions ;  but  the  liberty  of  con- 
science hereby  secured  shall  not  be  so  construed  as  to  justify 
licentiousness  or  practices  subversive  of,  or  inconsistent  with» 
the  peace  or  moral  safety  of  the  State  or  society. 

Sec.  5.  The  writ  of  habeas  corpus  shall  be  grantable  speed- 
ily and  of  right,  freely  and  without  cost,  and  shall  never  be 
suspended  unless  in  case  of  rebellion  or  invasion  the  public 
safety  may  require  its  suspension. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  excessive 


IIT 


fines  imposed,  nor  cruel  or  unusual  punishment  or  indefinite 
imprisonment  be  allowed,  nor  shall  witnesses  be  unreasonably 
detained. 

Sec.  T.  All  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  ofi'ences.  where  the  proof  is  evident  or  the 
presumption  great. 

Sec  S.  Xo  person  shall  be  tried  for  a  capital  or  otherwise 
infamous  crime,  unless  on  presentment  or  indictment  by  a 
grand  jury,  except  in  cases  of  impeachment,  and  in  cases  in 
the  militia  when  in  active  service  in  time  of  war.  or  which 
the  State  may  keep,  with  the  consent  of  Congress,  in  time  of 
peace. 

Sec.  9.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury, 
duly  drawn  from  the  body  of  the  county  where  the  crime  shall 
have  been  committed,  and  shall  be  heard  by  himself,  or  counsel, 
or  both,  to  demand  the  nature  and  cause  of  the  accusation 
against  him.  to  meet  the  witnesses  against  him  face  to  face, 
and  have  free  and  compulsory  process  to  compel  the  attend- 
ance of  witnesses  in  his  favor,  and  shall  be  furnished  with  a 
copy  of  the  indictment  against  him. 

>EC.  10.  Xo  person  shall  be  subject  to  be  twice  put  in  jeop- 
ardy for  the  same  offence,  nor  shall  be  compelled  in  any  crimi- 
nal case  to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty  or  property  without  due  process  of  law  :  nor  shall  pri- 
vate property  be  taken  without  just  com]jensation. 

Set.  11.  Every  person  may  fully  speak  and  write  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right, 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of 
speech  or  the  press. 

Sec  12.  Xo  person  shall  be  compelled  to  pay  costs  except 
after  conviction,  on  a  final  trial. 

Sec  13.  The  people  shall  have  the  right  to  assemble  to- 
gether to  consult  fur  the  common  good,  to  instruct  their  rep- 
resentatives, and  to  petition  the  Legislature  for  redress  of 
grievances. 

Sec  14.  Laws  of  a  general  nature  shall  have  a  unifonn  op- 
eration throughout  the  State,  and  shall  contain  no  local,  special 
or  private  provisions,  but  the  Legislature  may  pass  local, 
special  or  private  laws,  provided  three  months'  notice  of  the 
intention  to  apply  for  the  passage  of  such  laws,  and  of  the 
subject-matter  thereof  shall  be  given  before  the  assembling  of 
the  Legislature. 

Sec  15.  Xo  person  shall  be  imprisoned  for  debt  except  in 
cases  of  fraud. 

Sec.  16.  Xo  bill  of  attainder,  or  ex  post  facto  law,  nor  any 


118 


law  impairing  the  obligation  of  contracts,  or  discriminating 
against  any  citizen  of  this  State,  shall  ever  be  passed. 

Sec.  17.  Foreigners  who  are,  or  who  may  hereafter  become, 
bona  fide  residents  of  the  State,  shall  enjoy  the  same  rights  in 
respect  to  the  possession,  enjoyment,  transfer  and  inheritance 
of  property  as  native  born  citizens. 

Sec.  18.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall  have  been 
duly  convicted,  shall  ever  be  tolerat(id  in  this  State. 

Sec.  19.  The  right  of  the  people  to  bear  arms  in  defence  of 
themselves  and  the  lawful  authority  of  the  State,  shall  not  be 
infringed,  but  the  Legislature  may  prescribe  the  manner  in 
which  they  may  be  borne. 

Sec.  20.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects  against  unreasonable  seizures 
and  searches,  shall  not  be  violated  ;  and  no  warrants  issued 
but  upon  probable  cause,  supported  by  oath  or  affirmation, 
particularly  describing  the  place  or  places  to  be  searched,  and 
the  person  or  persons,  and  thing  or  things  to  be  seized. 

Sec.  21.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  adhering  to  its  enemies,  or  giving  them  aid 
and  comfort ;  and  no  person  shall  be  convicted  of  treason  ex- 
cept on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  confession  in  open  court,  and  no  conviction  for  treason  shali 
work  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  22.  No  preference  shall  be  given  by  law  to  any  church, 
sect  or  mode  of  worship,  and  no  money  shall  ever  be  taken  from 
the  public  treasury  directly  or  indirectly  in  aid  of  any  church, 
sect  or  religious  denomination,  or  in  aid  of  any  sectarian  insti- 
tution. 

Sec.  23.  All  courts  in  this  Sta^e  shall  be  open,  and  ever}^  per- 
son for  an^^  injury  done  him  in  his  lands,  good  ,  person  or  repu- 
ation  shall  have  remedy,  by  due  course  of  law,  and  right  and 
justice  administered  without  sale,  denial  or  delay. 

Sec.  24.  This  enunciation  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people. 

Mr.  Baker  moved  that  further  consideration  of  Article  V 
be  taken  up  and  completed  ; 

Which  was  agreed  to. 

Section  15,  Article  Y,  as  reported  by  the  committee,  was 
read  as  follows : 

Section  15.  All  officers  who  shall  have  been  appointed  or 
elected,  and  who  are  not  liable  to  impeachment,  may  be  sus- 
pended from  office  bv  the  Governor  for  malfeasance  or  mis- 
feasance in  office,  for  the  commission  of  any  felony,  or  for 
drunkenness  or  incompetency,  and  the  cause  of  suspension 


119 


shall  be  communicated  to  the  officer  suspended  and  to  the  Sen- 
ate at  its  next  session.  And  the  Governor,  by  and  with  the 
consent  of  the  Senate,  may  remove  any  officer,  not  liable  to 
impeachment,  for  any  cause  above  named.  Any  suspension 
shall  continue  until  the  adjournment  of  the  next  session  of 
the  Senate,  unless  the  officer  suspended  shall,  upon  the  recom- 
mendation of  the  Governor,  be  removed.  If  the  Senate  shall 
refuse  to  remove,  or  fail  to  take  action  before  its  adjournment, 
the  officer  suspended  shall  resume  the  duties  of  the  office. 
The  Governor  shall  have  power  to  fill  by  appointment  any 
office,  the  incumbent  of  which  has  been  suspended.  The  sus- 
pension or  removal  herein  authorized  shall  not  relieve  the  offi- 
cer from  indictment  for  any  misdemeanor  in  office. 

Mr.  Baker  offered  tlie  following  amendment,  and  moved  its 
adoption  : 

Provided^  That  in  case  the  Senate  shall  not  agree  to  such 
removal  the  officer  so  removed  shall  receive  all  pay  and  emolu- 
ments of  the  office  to  which  he  would  have  been  entitled. 

Mr.  Bell,  of  Brevard  and  Dade,  offered  the  following  sub- 
stitute : 

1.  Any  county  official  ma}"  be  removed  from  office  for  the 
following  causes,  viz  :  Incompetency,  willful  neglect  of  dut}^, 
malfeasance,  misfeasance,  drunkenness,  gambling,  or  any  vio- 
lation of  the  criminal  laws  of  the  Slate  of  Florida. 

2.  Such  removal  shall  be  had  upon  conviction  of  the  officer 
in  the  Circuit  Court  of  the  offence  after  indictment  by  the 
grand  jury  of  the  county  in  which  the  office  is  located.  Upon 
the  filing  of  the  indictment  in  the  Clerk's  office  the  officer  shall 
be  suspended  from  the  performance  of  the  duties  of  his  office, 
and  the  Governor  shall  appoint  a  person  to  perform  the  duties 
thereof  during  the  pendency  of  the  judicial  proceedings,  under 
such  regulations  as  to  bond  and  otherwise  as  to  him  may  seem 
proper.  Upon  conviction  there  shall  be  judgment  of  ouster 
against  the  officer,  and  upon  acquittal  the  judgment  shall  be 
that  the  proceedings  be  dimissed  and  the  part}"  restored  to  his 
office. 

When  there  is  no  grand  jur}-  in  session  to  present  the  in- 
dictment, the  Governor  may  suspend  the  officer  charged  with 
such  offences  if  he  thinks  a  case  is  made  upon  the  papers  pre- 
sented to  him.  If  the  grand  ]\xvy  at  the  term  of  the  court  next 
succeeding  the  Executive  suspension  fail  to  find  and  file  an  in- 
dictment for  an}"  of  the  offences  above  enumerated,  the  party 
charged  shall  be  restored  to  office. 

These  proceedings  shall  be  no  bar  to  any  civil  suit  for  civil 
liability; 

Which  was  read. 


120 


The  question  was  upon  the  amendment  offered  by  Mr. 
Baker  ; 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  substitute  offered  by  Mr. 
Bell,  of  Brevard  and  Dade. 

Mr.  Thompson  offered  to  amend  the  substitute  as  follows : 

Add  after  "indictment"  the  following:  "Or  present- 
ment ;" 

Which  was  not  agreed  to. 

The  substitute  offered  by  Mr.  Bell,  of  Brevard,  was  lost. 
Mr.  Malone  offered  the  following  substitute  : 
All  officers  not  liable  to  impeachment,  who  shall  have  been 
appointed  by  the  Governor  or  elected  by  the  people,  may  be 
suspended  or  removed  from  office  by  the  Governor  in  such 
manner  and  for  such  cuases  as  may  be  provided  by  the  Legis- 
lature ; 

Which  was  not  agreed  to. 
Mr.  Mitchell  offered  the  following  substitute  : 
The  Board  of  County  Commissioners  of  the  several  counties 
of  this  State  shall  have  the  power  to  suspend  any  county  offi- 
cers for  the  following  causes :  1.  Habitual  drunkenness  ;  2. 
Neglect  of  duty;  3.  Incompetency;  4.  Or  commission  of  fel- 
ony. 

The  said  Board  shall  cause  notice  to  be  personally  made 
upon  the  officer,  setting  forth  the  cause  upon  which  the  appli- 
cation for  a  suspension  is  grounded  ;  and  also  give  personal 
notice  of  the  place  and  time  of  trial ;  the  accused  shall  have 
the  right  to  be  represented  by  himself  or  counsel,  and  if,  upon 
the  trial,  the  charge  is  sustained  by  suffi(dent  evidence  the 
Board  shall  declare  the  officer  suspended  and  the  office  va- 
cant, and  notify  the  Governor  of  such  vacancy,  and  the  Gover- 
nor shall  thereupon  order  an  election  to  fill  such  vacancy,  pro- 
vided that  the  time  of  trial  shall  be  within  thirty  days  from  the 
date  of  the  service  of  notice,  and  of  which  time  the  accused 
shall  be  fully  informed  ; 

Which  was  read  and  was  lost. 

The  question  reverted  to  the  adoption  of  the  section  as  re- 
ported by  the  committee. 

Mr.  Malone  moved  that  the  further  consideration  of  the  sec- 
tion be  passed  for  the  present,  and  that  the  section  be  printed 
in  the  Journal  of  the  day's  proceedings  ; 

Which  was  agreed  to. 

Section  16  was  read. 

Mr.  Clarke,  of  Jefferson,  moved  to  amend  by  inserting  the 
word  "  administrative  "  before  the  word  "  officers,"  in  first 
line ; 


121 


Which  was  agreed  to,  and  section  16  was  passed  as  amended. 
Section  IT  was  read. 

Mr.  Orman  ofiered  the  following  amendment,  and  moved  its 
adoption : 

Strike  out  all  after  the  word  power,"first  line,  and  insert  as 
follows,  to-wit :  "  to  call  out  the  volunteers,  or  militia,  or 
both,  to  execute  the  laws,  repel  invasion,  repress  insurrection, 
quell  mobs  and  riots,  and  preserve  the  public  peace  in  such 
manner  as  mav  be  authorized  by  law 

Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  Section  IT  as  re- 
ported by  the  committee  ; 

Which  was  not  agreed  to,  and  the  section  was  declared  not 
adopted. 

Section  18  was  read  and  adopted. 

Section  19  was  read. 

Mr.  Paterson  offered  the  following  amendment  and  moved 
its  adoption  : 

A  Lieutenant-Governor  shall  be  elected  at  the  same  time 
and  places  and  in  the  same  manner  as  the  Governor,  whose 
term  of  office  and  eligibility  shall  be  the  same.  He  shall  be 
the  President  of  the  Senate,  but  shall  only  have  a  casting  vote, 
and  shall  have  the  same  pa}^  as  a  member  of  the  Legislature, 
except  when  acting  as  Governor.  In  case  of  impeachment  of 
the  Governor  or  his  remo\  al  from  office,  death,  inability  to 
discharge  his  official  duties  or  resignation,  the  power  and  du- 
ties of  the  office  of  Governor  shall  devolve  upon  the  Lieuten- 
ant-Governor. In  case  of  impeachment,  death,  inability  to 
discharge  his  official  duties  or  resignation,  the  power  and  du- 
ties of  the  office  shall  devolve  upon  the  President  pro  tern,  of 
the  Senate.  In  case  a  vacancy  shall  occur  in  the  office  of  Gov- 
ernor and  Lieutenant-Governor,  the  Legislature  it  its  next 
session  shall  order  an  election  to  fill  such  vacancies  : 

Which  was  not  agreed  to. 

Mr.  Yono^e  offered  the  foUowino-  amendment  and  moved  its 
adoption  : 

After  the  word  Representatives  in  the  6th  line,  insert  the 
following :  And  when  the  President  of  the  Senate  or  the 
Speaker  of  the  House  shall  be  called  to  discharge  the  duties 
of  Governor,  he  shall  cease  to  be  a  member  of  the  Senate  or 
House,  as  the  case  may  be  ; 

Which  was  not  agreed  to. 

Section  19  was  declared  adopted  as  reported  by  the  com- 
mittee. 

Section  20  was  read. 

Mr.  Randall,  of  Duval,  offered  the  following  amendments  : 


122 


Strike  out  ©f  line  four  the  words,  "  at  the  same  time  as  the 
Governor,  and  shall  hold  their  offices  for  the  same  time,"  and 
insert  for  the  term  of  two  years  from  the  first  Tuesday  after 
the  first  Monday  of  January,  next  after  their  election." 

Strike  out  in  fifth  line  the  words  "  at  the  time  of  voting  for 
Governor." 

Strike  out  in  sixth  line  "  eighty-eight,"  and  insert  "  eighty- 
six." 

Strike  out  in  sixth  line  the  words  "  that  year,"  and  insert 
"  two  years." 

Add  at  end  of  section,  "  and  confer  the  duties  thereof  upon 
some  other  officer  or  body." 

Mr.  Rogers  offered  to  amend  as  follows  : 

Amend  Article  V,  Section  20,  by  adding  in  8d  line,  after 
the  word    immigration,"  the  words  "and  agriculture." 

Strike  out  all  after  the  word  "eighty-eight"  in  6th  line. 

Mr.  Walter,  of  Duval,  offered  to  amend  as  follows  : 

The  Governor  shall  be  assisted  by  five  administrative  officers, 
to  wit :  a  Secretary  of  State,  who  in  addition  to  his  duties  as 
Secretary  of  State,  shall  be  the  manager  of  the  Land  and  Immi- 
gration Department,  an  Attorney-General,  Comptroller,  Treas- 
urer and  Superintendent  of  Education ;  Provided^  That  the 
office  of  Commissioner  of  Lands  and  Immigration  shall  not  be 
abolished  until  the  day  of  the  inauguration  of  the  next  Gov- 
ernor; 

Mr.  Carter  moved  the  following  amendments : 
Amend  line  one,  Section  20,  Article  Y,  by  striking  out 
"  six  "  and  inserting  "  five,"  and  amend  line  2,  section  20,  by 
striking  out  "  Superintendent  of  Public  Instruction." 
Mr.  Sanchez  moved  the  following  amendments  : 
In  line  5th,  after  the  word  "  voting,"  strike  out  "Governor  " 
and  insert  "  members  of  the  Legislature  ;"  in  6th  line,  after 
"  eight}^,"  strike  out  "  eight  "  and  insert  "  six,"  and  the  offi- 
cers elected  at  this  election  shall  hold  their  offices  for  two 
years,  and  the}"  shall  enter  upon  their  duties  upon  the  assem 
bling  of  the  Legislature. 

Mr.  Marshall  offered  the  following  amendment : 
After  the  last  word  in  last  line,  add  "  or  convert  said  office 
into  one  of  Commissioner  of  Lands  and  Agriculture,  and  pro- 
vide by  law  for  the  management  of  the  same." 
Mr.  Campbell  offered  the  following  amendment : 
Strike  out  "  and  Commissioner  of  Lands  and  Immigration," 
in  third  line. 

Mr.  Lesley  offered  the  following  amendment  : 
In  sixth  line.  Section  20,  Article  Y,  strike  out  the  word 
"  may,"  wherever  it  appears,  and  insert  the  word  "  shall." 


123 


The  question  was  on  the  adoption  of  the  aaienJment  of  Mr. 
Randall,  of  Duval  : 

Which  was  not  agreed  to.' 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Rogers,  of  Suwannee  ; 

Which  was  agreed  to.  and  the  amendment  was  declared 
adopted. 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Walter,  of  Duval  : 
Which  was  not  agreed  to. 

The  question  was  then  upm  the  adoption  of  the  amendment 
of  Mr.  Carter,  of  Levy. 

Mr.  Carter  asked  leave  to  witlidraw  the  amendment  : 

Which  was  granted,  and  the  amendment  was  withdrawn. 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  b}'  Mr.  Sanchez,  of  Alachua. 

Mr.  Milton  moved  to  lay  the  amendment  on  the  table  ; 

The  yeas  and  nays  were  called  for  by  Messrs.  Sanchez. 
Mann.  Thompson.  Chandler  and  Baker. 

The  vote  was  : 

Yeas — Messrs.  Bennett,  Bethel,  Blount.  Broome,  Clarke  of 
Jefferson.  Clark  of  Jackson,  Coker.  Conover.  Cook.  Davidson. 
Davis.  Duncan.  Earle.  Fogart}'.  G-enovar.  Gillis.  G-reen.  Hatch. 
Hausman.  Hendley.  Henderson,  Herndon,  Hocker.  Hope. 
Hunter.  Ives.  Johnston.  Jones,  Landrum,  Lewis.  Love,  Lutter- 
loh.  Malone.  Marshall.  Maxwell.  Milton.  Morgan,  McCaskill. 
^bjClellau.  Xeel.  Odom.  Oliveros.  Orman.  Parker.  Parkhill. 
Parsons.  Paterson.  Pelot,  Randeil  ot  Madison,  Randolph. 
Richard,  Scott,  Sheats.  Stone,  Swearingen,  Taylor,  Tedder. 
T-mpkins.  Turnbull,  Wadsworth.  Walker,  Jr.,  Weeks,  Well- 
man.  Whitmire.  Wilson  of  Clay.  Wylly  and  Yonge — 67. 

Nays — Messrs.  Baker.  Bell  of  Brevard  and  Dade.  Bell  of 
Hamilton.  Blackburn.  Bush.  Campbell,  Carter,  Carr,  Carson. 
Challen.  Chandler.  Edge.  Fooler.  Gibbs.  Goodbread.  Goss, 
Hargret,  Hicks.  Humphries.  Lesley.  Mann.  Miller.  Mitchell. 
Petty.  Randall  of  Duval.  Rogers,  Rowe.  Sanchez.  Thompson. 
Tolbert.  Walter.  Wilson  of  Polk  and  Manatee  and  Zipperer 
—36. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 
The  question  was  then  upon  the  amendment  offered  by  Mr. 
Marshall,  of  Levy. 

Mr.  Marshall  asked  leave  to  withdraw  the  amendment ; 
Which  was  granted. 

The  question  was  then  noon  the  adoption  of  the  amendment 
of  Mr.  Campbell,  of  Walton  ; 
Which  was  not  agreed  to. 


I 


124 

Mr.  Lesley  withdrew  the  amendment  offered  b}^  him. 

Mr.  Paterson  offered  the  following  amendment : 

The  Governor  shall  be  assisted  by  the  following  administra- 
tive officers,  to  wit:  Secretary  of  State,  Attorney- General, 
Comptroller  and  Treasurer,  who  shall  be  appointed  by  the 
Governor  and  confirmed  by  the  Senate,  and  they  shall  hold 
their  offices  during  the  term  of  the  Governor  who  appointed 
them  ;  Provided^  The  Legislature  may  make  buch  provision 
for  Superintendent  of  Public  Instruction  and  Commissioner  of 
Lands,  as  may  be  necessary ; 

Which  was  not  agreed  to. 

Mr.  Conover  offered  the  following  amendment : 

Strike  out  the  words  "at  the  same  time  as  the  Governor,  and 
shall  hold  their  offices  for  the  same  term,"  after  the  word  "elec- 
ted," in  3d  line,  and  insert  "and  hold  their  offices  for  the  term 
of  two  years  ;" 

Which  was  not  agreed  to 

Mr.  Sheats  offered  the  following  amendment : 

Strike  out  "Superintendent  of  Public  Instruction,"  and  insert 
"  State  Superintendent  of  Schools  ;" 

Which  was  not  agreed  to. 

Mr.  Challen  offered  to  amend  as  follows  : 

Amend  section  20  as  amended  b}^  striking  out  "  Lands  and 
Immigration"  so  as  to  designate  the  officer,  "  Commissioner 
of  Agriculture  ;" 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Bush  offered  the  following  amendment: 

Sec.  20.  The  Governor  shall  be  assisted  by  administrative 
officers,  as  follows  •  A  Secretary  of  State,  Attorney-General, 
Comptroller,  Treasurer,  Superintendent  of  Public  Instruction 
and  Commissioner  of  Lands  and  Agriculture,  who  shall  be 
elected  at  the  same  time  as  the  Governor,  and  shall  hold  their 
offices  for  the  same  term  ;  Provided^  That  the  first  election  of 
such  officers  shall  be  had  at  the  time  of  voting  for  Governor  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty- 
eight;  Provided  further,  The  Legislature  at  its  first  session 
shall  define  the  powers  and  duties  of  the  Agricultural  Depart- 
ment of  said  Commissioner ; 

Which  was  not  agreed  to 

Mr.  Walker,  Jr.,  moved  to  adopt  Section  20  as  amended  ; 
Which  was  agreed  to. 

Section  21  was  read  and  passed  without  amendment. 
Section  22  was  read. 


125 


Mr.  Miller  offered  to  amend  by  striking  out  the  words  "  he 
shall  have  supervision  of  the  State  Prison;" 
Which  was  agreed  to. 

Mr.  Malone  offered  to  amend  by  striking  out  the  words  ''as 
the  Governor  msiy  direct,  or 
Which  was  agreed  to. 
Section  22  was  then  passed  as  amended. 
Section  23  was  read,  and  passed  without  amendment. 
Section  2-4  was  read,  and  passed  without  amendment. 
Section  25  was  read. 

31r.  Sheats  offered  the  following  substitute  : 

The  Superintendent  of  Public  Instruction  shall  have  super- 
vision of  all  matters  pertaining  to  public  instruction  ;  the  super- 
vision of  the  construction  of  State  buildings  devoted  to  educa- 
tional purposes.  He  shall  keep  a  historical  bureau  for  the 
purposes  of  accumulating  such  matter  and  information  as  may 
be  necessary  for  compiling  and  perfecting  the  historj'  of  the 
State,  and  shall  perform  such  other  duties  as  shall  be  pre- 
scribed by  law. 

The  question  was  on  the  adoption  of  the  substitute  ; 

Which  not  agreed  to. 

Mr.  Taylor  offered  the  following  amendment  : 

At  the  end  of  line  8,  of  Section  25,  of  Article  V,  insert  the 
words  :  "  He  shall  establish  a  uniform  series  of  text  books 
for  use  in  the  public  schools  throughout  the  State 

Which  was  not  agreed  to. 

Mr.  Bush  offered  the  following  amendment  : 

Amend  Section  25  by  striking  out  the  word  "  Universit}^" 
in  3d  line,  and  add  the  words  "  State  Agricultural  College 
Universities.'' 

Mr.  Paterson  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Wall  offered  the  following  amendment  : 
Strike  out  all  after   "  insiruction "  in  the  second  line  to 
"and  "  following  "productions  "  in  the  6th  line  ; 
Which  was  not  agreed  to. 

Mr.  Rogers  moved  to  strike  out  the  words  "he  shall  also  keep 
a  cabinet  of  minerals  and  other  natural  productions  ;" 
Which  was  not  agreed  to. 

Section  25  was  then  passed  without  amendment. 
Section  26  was  read. 

Mr.  Maxwell  offered  the  following  substitute  : 
Section  26.  The  Commissioner  of  Agriculture  shall  perform 
such  duties  in  relation  to  agriculture  as  may  be  prescribed  h^^ 
law  ;  shall  have  supervision  of  all  matters  pertaining  to  the 
public  lands  under  regulations  prescribed  bylaw,  and  shall  keep 


126 


the  bureau  of  immigration.    He  shall  also  have  supervision  of 
the  State  Prison,  and  shall  perform  sueh  other  duties  as  ma}^ 
be  prescribed  by  law  ; 
Which  was  adopted. 

Mr.  Miller  offered  the  following  amendment  and  moved  its 
adoption : 

The  Commissioner  of  Agriculture  shall  have  supervision 
and  control  of  the  State  Prison,  and  may  prescribe,  under  the 
regulation  of  the  Legislature,  such  reasonable  and  humane 
rules  as  may  be  necessary  for  the  government  thereof ;  Pro- 
vided^ however^  No  convict  shall  be  required  to  labor  more 
than  ten  hours  a  day. 

Upon  motion  the  amendment  was  laid  upon  the  table. 

Mr.  Marshall  offered  to  amend  by  adding  to  the  section  the 
words,  "  and  shall  perform  such  other  duties  as  shall  be  pre- 
scribed by  law 

Which  was  agreed  to. 

Mr.  Randall  moved  to  amend  by  striking  out  the  words, 
"  he  shall  also  have  supervision  of  the  State  Prison 

Which  was  not  agreed  to. 

Mr.  Challen  moved  to  amend  as  follows: 

Amend  by  substituting  "  agricultural  industries  ' '  for  the 
word  "  agriculture 

Which  was  not  agreed  to. 

Section  26  was  then  passed  as  amended. 

Section  27  was  read  and  passed  without  amendment. 

Mr.  Maxwell  offered  the  following  as  section  28 : 

Section  28.  The  Governor  and  administrative  officers  of  the 
Executive  Department  shall  be  installed  on  the  first  day  of  the 
meeting  of  the  Legislature  after  their  election  ; 

Which  was  adopted  in  original  report. 

Section  28  was  read  as  printed. 

Mr.  Swearingen  moved  to  amend  as  follows : 

Strike  out  in  Section  28,  first  line,  "  thirty -five  hundred  " 
and  insert  ''three  thousand  dollars;"  also,  in  same  section, 
third  line,  insert  "  fifteen  hundred  dollars "  for  Attorney- 
General. 

Mr.  Baker  offered  to  amend  as  follows : 

In  line  1,  Section  28,  strike  out  "  $3,500  "  and  insert  "  $5,- 
000 ;"  in  line  3,  strike  out  "  $2,000  "  and  insert  "  $3,000." 

Mr.  Randolph  offered  to  amend  as  follows  : 

The  Governor  shall  receive  for  his  services  the  sum  of  five 
thousand  dollars  annually.  The  Comptroller  shall  receive  for 
his  services  annually  the  sum  of  three  thousand  dollars.  The 
Secretary  of  State,  Attorney-General,  Treasurer,  Superintend- 
ent of  Public  Instruction  and  Commissioner  of  Agriculture, 


127 


shall  each  receive  the  sum  of  two  thousand  dollars  annually 
for  their  services.  These  salaries  may  be  increased  or  dimin- 
ished b}^  the  Legislature,  but  not  so  as  to  increase  or  diminish 
the  compensation  of  any  officer  named  in  this  section  after  his 
election  or  durinsj  his  term  of  office.  All  salaries  included  in 
this  section  shall  be  payable  monthly  on  the  warrant  of  the 
Comptroller. 
Mr.  Broome  offered  the  following  amendment : 
Add  to  the  section  ''until  the  expiration  of  the  terms  for 
which  the  present  incumbents  were  selected,  and  until  fixed 
by  law." 

Mr.  Henderson  offered  to  amend  as  follows  : 

In  the  first  line  after  the  words  ''shall  be''  strike  out  "thirty- 
five,"  and  insert  "twenty-five." 

In  the  third  line,  after  the  words  "  shall  be,''  strike  out  "two 
thousand,"  and  insert  "fifteen  hundred." 

Mr.  Conover  offered  to  amend  section  28  so  as  to  read  as 
follows  : 

The  salar}^  of  the  Governor  shall  be  five  thousand  dollars  per 
annum,  and  that  of  the  Secretarj^  of  State,  Attorney-General, 
Comptroller,  Treasurer,  Superintendent  of  Public  Instruction 
and  Commissioner  of  Agriculture  shall  be  three  thousand  dol- 
lars per  annum. 

Mr.  Wilson,  of  Polk  and  Manatee,  offered  to  amend  as  follows : 
The  salary  of  the  Governor  shall  be  three  thousand  dollars 
per  annum,  and  that  of  Secretary  of  State,  Comptroller  and  Su- 
perintendent of  Public  Instruction  shall  be  two  thousand  dol- 
lars, and  that  of  the  Attorney-General  and  Treasurer  and  Com- 
missioner of  Agriculture  shall  be  fifteen  hundred  dollars  per 
annum. 

Mr.  Sanchez  offered  to  amend  as  follows : 
In  line  1  strike  out  "  thirty-five  "  and  insert  "  four  thousand." 
Mr.  Tolbert  offered  the  following  amendment : 
Strike  out  "Lands  and  Immigration,''  in  third  line,  and  add 
"  Agriculture." 

Mr.  Bush  offered  to  amend  as  follows  : 

In  line  3  strike  out  the  words  "  two  thousand  "  and  insert 
"twenty-five  hundred." 

Mr.  Malone  moved  to  strike  out  the  entire  section  from  the 
Executive  Department,  and  refer  to  the  Committee  on  Miscel- 
laneous Provisions  ; 

Which  was  agreed  to. 

Mr.  Paterson  moved  to  reconsider  the  vote  by  which  section 
12  was  passed,  and  the  section  be  put  back  on  its  second 
reading  ; 

Which  was  not  agreed  to. 


128 


Mr.  Clarke,  of  Jefferson,  was  excused  for  two  days. 
Mr.  Walter  moved  to  adjourn  ; 
Which  was  not  agreed  to. 

Article  III  was  read  the  third  time  and  put  upon  its  final 
passage. 

ARTICLE  III. 

DISTRIBUTION  OF  POWERS. 

The  powers  of  government  of  the  State  of  Florida  shall  be 
divided  into  three  departments — Legislative,  Executive  and 
Judicial;  and  no  person  properly  belonging  to  one  of  the  de- 
partments shall  exercise  any  power  appertaining  to  either 
of  the  others,  except  in  cases  expressly  provided  for  by  this 
Constitution. 

The  roll  was  called. 

The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Carter,  Carr,  Carson,  Challen,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gib]3s,  Gil- 
lis,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hendle3%  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries,  Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Milton,  Morgan,  McCaskill,  McClellan,  Neel,  Odom,  Oli- 
veros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson.  Tolbert,  Tompkins, 
Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks, 
Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  W3dly,  Yonge  and  Zipperer — 99. 

Nays— Messrs.  Chandler  an*!  Miller — 2. 

So  the  Article  was  passed. 

Mr.  Baker  moved  that  the  Convention  do  now  adjourn  until 
9  o'clock  A.  M.  to-morrow  ; 

Which  was  agreed  to,  and  the  Convention  was  so  adjourned. 


FOURTEENTH  DAY. 


THURSDAY.  June  25.  1S85. 

The  Convention  met  pursuant  to  adjournment. 
President  Paso  in  tlie  Cliair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President.  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton.  Bennett.  Bethel.  Blackburn.  Blount.  Broome, 
Bush.  Campbell.  Carter.  Carr.  Carson.  Challen,  Chandler, 
Clark  of  Jackson.  Cokei'.  Conover.  Cook.  Davidson,  Davis, 
Duncan,  Earle.  Edge,  Fogarty.  Fowler,  Genovar,  Gibbs,  Gil- 
lis,  Goodbread,  Goss.  Green,  Hargret,  Hatch.  Hausmau, 
Hendley,  Henderson.  Herndon,  Hicks.  Hocker,  Hum- 
phries. Hunter,  Ives.  Johnston.  Jones.  Landrum.  Lesley, 
Lewis,  Love.  Lutterloh.  Malone,  Mann.  Marshall,  Maxwell,  Md- 
ler,  Milton,  Mitchell.  Morgan,  McCaskill.  McClellan,  XeeU 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Petty,  Randall  of  Duval,'  Randell'  of  Madison,  Ran- 
dolph, Richard,  Robertson,  Rogers.  Rowe,  Sanchez,  Scott, 
Sheats,  Stone,  Swearingen.  Taylor,  Tedder,  Thompson.  Tol- 
bert.  Tompkins.  Turnbull.  Wadsworth,  Walker,  Jr..  Wall, 
Walter.  Weeks,  Wellman,  Westcott.  Whitmire,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee.  Wylly,  Yonge  and  Zip- 
perer — 102. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  \Valter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Challen  introduced  a  petition  from  the  citizens  of  Put- 
nam county  on  the  subject  of  Temperance  : 

Which  was  read,  and  referred  to  the  Committee  on  Tem- 
perance. 

Mr.  Randall,  of  Duval,  presented  a  memorial  on  the  subject 
of  railroad,  freight  discrimination  : 

Which  was  referred  to  the  Committee  on  Private  Corpora- 
tions. 

The  following  resolution,  introduced  by  Mr.  Hocker  on  yes- 
terday, was  taken  up  : 


9 


130 


Resolved^  That  the  President  of  the  Convention  be  requested 
to  have  printed,  and  to  furnish  each  member  of  the  Conven- 
tion with  two  copies  of  the  amendments  to  the  Rules  which 
do  not  appear  on  the  Rules  as  printed,  and  of  the  new  Rules, 
printed  on  a  single  slip  of  paper  ; 

Which  was  read  and  declared  adopted. 

The  fi>llowing  resolution  offered  by  Mr.  Hargret  yesterday, 
was  taken  up : 

Resolved^  That  this  Convention  do  now  proceed  to  employ 
two  persons  to  do  the  work  of  and  perform  the  duties  that  have 
been  performed  so  far  by  Jesse  Dennis,  and  that  Jesse  Dennis 
be  one  of  the  two  ; 

Which  was  read. 

Mr.  Cook  offered  to  amend  by  authorizing  the  Sergeant-at- 
Arms  to  employ  such  assistance  as  he  needs  to  perform  the 
duties  of  Janitor. 

Mr.  McCaskill  moved  to  lay  the  whole  matter  on  the  table  ; 

Which  was  agreed  to. 

The  following  Articles  and  Ordinances  were  introduced,  read 
and  referred  to  appropriate  committees  : 

By  Mr.  Sanchez,  Ordinance  No.  52  :  Providing  for  the  es- 
tablishing of  a  house  of  correction  and  of  poor  farms  ; 

Which  was  referred  to  Committee  on  Public  Institutions. 

REPORTS  OP  COMMITTEES. 

The  roll  of  committees  being  called,  the  following  reports 
were  offered  : 

Mr.  Hocker,  Chairman  of  the  Committee  on  Public  Institu- 
tions, offered  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  19,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Public  Institutions  beg  leave  to 
offer  the  following  report : 

Resolved^  That  Article  X  of  the  Constitution  of  A.  D.  1868 
be  adopted  by  this  Convention  for  the  government  of  the  pub- 
lic institutions  of  this  State. 

Yery  respectfully, 

W.  A.  Hooker,  Chairman. 

Which  was  read,  received  and  the  accompanying  papers 
placed  among  the  orders  of  the  day. 
Also  the  following : 


131 


Convention  Hall,  Tallahassee,  Fla..  June  25.  1SS5. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Public  Institutions  to  whom  was 
referred — 

Ordinance  Xo,  27.  orfered  by  Mr.  Lutterloh,  of  Levy,  report 
that  having  considered  the  same  they  herewith  return  it  with 
the  recommendation  that  it  be  laid  on  the  table. 

They  also  report  that  the  resolution  of  Mr.  Rogers,  of  Su- 
wannee, instructing  this  committee  to  Inquire  into  the  ex- 
pediency of  the  permanent  location  of  the  State  Prison,  and  the 
establishment  of  a  State  farm  in  connection  therewith  of  suffi- 
cient size  to  employ  all  the  convict  labor."  has  received  their 
attention.  After  as  thorough  an  investigation  of  this  matter 
as  our  circumstances  enable  us  to  make  we  are  not  inclined  to 
recommend  the  establishment  of  such  an  institution  as  the  one 
proposed  by  organic  law.  deeming  it  the  wiser  course  to  leave 
the  Legislature  free  to  develop  such  an  institution  as  the  finan- 
cial ability  of  the  State,  the  growth  of  humane  ideas,  and  the 
needs  of  society  may  demand.  They,  therefore,  return  the 
same,  and  recommend  that  it  be  laid  on  the  table. 

They  also  report  that  they  have  considered  Resolution  Xo. 
131.  orfered  by  Mr.  Morgan,  which  resolution  proposes  the 
adoption  of  Article  X  of  the  present  Constitution.  Believing 
that  this  Article  contains  everything  expedient  to  be  incorpo- 
rated in  the  organic  law  they  herewith  report  said  Article  X  as 
it  stands  in  the  present  Constitution  and  recommend  its  adop- 
tion. Verv  respectfuilv. 

^      W.   A.  HuCKER. 

Chairman,  of  Committee. 
ARTICLE  X. 

public  institutions. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind 
and  deaf,  and  such  other  benevolent  Institutions  as  the  public 
good  may  require,  shall  be  fostered  and  supported  by  the  State 
subject  to  such  regulations  as  may  be  provided  by  law. 

Sec.  2.  A  State  Prison  shall  be  established  and  maintained 
in  such  manner  as  may  be  fixed  by  law.  Provision  may  be 
made  by  law  for  the  establishment  and  maintenance  of  a  house 
of  refuge  for  juvenile  offenders,  and  the  Legislature  shall  have 
power  to  establish  a  home  and  work-house  for  common  va- 
grants. 

Sec  3.  The  respective  counties  of  the  State  shall  provide  in 


132 


the  manner  fixed  by  law  for  those  of  the  inhabitants  who,  by 
reason  of  age,  infirmity  or  misfortune,  may  have  claims  upon 
the  aid  and  sympathy  of  society. 
Which  was  received  and  read. 

The  Preamble  and  Declaration  of  Rights  as  reported  by  the 
committee,  was  read  the  first  time,  and  placed  among  the  orders 
of  the  day. 

The  consideration  of  Article  V  was  resumed. 

The  proposed  new  Section  15,  Article  Y  was  read. 

Mr.  Baker  moved  to  reconsider  the  vote  by  which  the  amend- 
ment offered  by  him  on  yesterd  ly  was  lost ; 

Which  was  not  agreed  to. 

Mr.  Blount  offered  to  amend  as  follows : 

Add  after  the  word  "misfeasance"  the  words  "neglect  of 
duty  ;" 

Which  was  read  and  agreed  to. 

Mr.  Walker,  Jr.,  offered  to  amend  as  follows: 

No  officer  suspended  who  shall,  under  this  section,  resume 
the  duties  of  his  office,  shall  suffer  any  loss  of  salary  or  other 
compensation  in  consequence  of  such  suspension  ; 

Which  was  read. 

The  President  ruled  that  the  amendment  was  out  of  order. 
Mr.  Walker,  Jr.,  appealed  from  the  decision. 
The  question  was.  Shall  the  decision  of  the  chair  be  sus- 
tained ? 

Th  ^  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Broome,  Camp- 
bell, Carter,  Chandler,  Clark  of  Jackson,  Coker,  Conover, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Grillis,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hocker,  Hope,  Hunter,  John- 
ston, Jones,  Landrum,  Lesley,  Love,  Lutterloh,  Malone, 
Marshall,  Maxwell,  Miller,  Milton,  Morgan,  McCaskill,  Mc- 
Clellan,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Par- 
sons, Paterson,  Pelot,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Stone,  Swearingen,  Taylor,  Tedder,  Tolbert,  Turnbull, 
Wadsworth,  Wall,  Walter,  Weeks,  Wellman,  Westcott,  Whit- 
mire,  Wilson  of  Clay.  Wilson  of  Polk  and  Manatee,  Wyll}^, 
Yonge  and  Zipperer — 82. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Blount, 
Bush,  Carr,  Carson,  Challen.  Goss,  Hicks,  Humphries,  Ives, 
Lewis,  Mann,  Petty,  Thompson,  Tompkins  and  Walker,  Jr. 
—17. 

So  the  Chair  was  sustained. 


133 


On  motion  of  Mr.  Maxwell,  the  unanimous  consent  of  the 
Convention  was  given  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Baker  on  yesterday  was  lost,  for 
the  purpose  of  considering  Mr.  Walker's  amendment. 

On  motion  of  Mr.  Baker,  the  section,  with  amendments,  was 
recommitted. 

Mr.  Sanchez  moved  to  reconsider  the  vote  by  which  Section 
2b  was  adopted  on  yesterday. 

The  que4ion  was  upon  the  motion  to  reconsider; 
Which  was  agreed  to. 

Mr.  Sheats  off'ered  the  following  substitute  for  section  25  : 

The  Superintendent  of  Public  Instruction  shall  have  super- 
vision of  all  matters  pertaining  to  public  instruction  ;  the 
supervision  of  the  construction  of  all  State  buildings  devoted 
to  educational  purposes.  He  shall  keep  a  historical  bureau  for 
the  purposes  of  accumulating  such  matter  and  information  as 
may  be  necessary  for  compiling  and  perfecting  the  history  of 
the  State  ;  and  shall  perform  such  other  duties  as  shall  be 
prescribed  by  law  ; 

Which  was  read,  and  the  question  was  upon  the  adoption  of 
the  same  ; 

Which  was  not  agreed  to. 

Mr.  Carson  off'ered  the  following  substitute  : 

Section  25.  The  Superintendent  of  Public  Instruction  shall 
have  supervision  of  all  matters  pertaining  to  public  instruc- 
tion, the  supervision  of  buildings  devoted  to  educational  pur- 
poses and  other  duties  as  the  Legislature  ma}^  deem  proper 
for  him  to  perform. 

Mr.  Chandler  off'ered  to  amend  as  follows  : 

Strike  out  the  whole  section  and  insert  as  follows  :  "  The 
Superintendent  of  Public  Instruction  shall  have  supervision  of 
all  matters  pertaining  to  public  instruction,  and  shall  perform 
such  other  duties  as  shall  be  prescribed  by  law." 

The  question  was  then  upon  the  adoi)tion  of  the  substitute 
offered  by  Mr.  Carson. 

Mr.  Gibbs  moved  to  amend  by  inserting  the  word  "  State  " 
before  the  word  buildings 

Which  was  accepted. 

The  substitute,  as  amended,  was  read  and  the  question  was 
upon  its  adoption ; 

Which  was  agreed  to,  and  the  substitute  was  declared 
adopted. 

Mr.  Maxwell,  Chairman  of  the  Committee  on  Executive  and 
Administrative  Department,  obtained  leave  and  made  the  fol- 
owing  report : 


134 


Convention  Hall,  Tallahassee,  Fla.,  June  24,  1885. 
Hon.  Samuel  Pasco, 

Prei^ident  of  the  Coiivention : 

Sir:  Your  Committee  on  the  Executive  and  Administrative 
Department,  to  which  was  referred — 

SectioM  15,  Article  V,  and  the  accompanying  amendment,  in 
relation  to  suspended  officer,  have  considered  the  same,  and 
they  report  same  back  with  recommenda  ion  that  the  amend- 
ment be  adopted  to  immediately  precede  the  last  sentence  of 
said  section.  Respectfully  submitted, 

A.  E.  Maxwell,  Chairman. 

Which  was  read. 

The  question  was  upon  the  adoption  of  the  report. 
Mr.  Bush  moved  to  amend  as  follows  : 
'    Strike  out  the  words  ^'  or  elected  ; 
Which  was  lost. 

Mr.  Sanchez  offered  to  amend  as  follows  : 

Amend  3d  line,  after  Governor  ''upon  a  recommendation  of 
the  grand  jury  of  the  county  setting  forth  the  charge  against 
the  officer ; 

Which  was  lost. 

Mr.  Campbell  offered  to  amend  as  follows : 

But  the  Grovernor  may  reinstate  said  officer  so  suspended 
upon  satisfactory  evidence  that  the  charge  or  charges  against 
such  officer  are  untrue  ; 

Which  was  agreed  to. 

Mr.  Wilsoc,  of  Polk  and  Manatee,  offered  the  following 
amendment : 

Amend  line  six,  after  the  word  "  suspended,"  by  inserting 
with  notice  of  suspension 
Which  was  not  agreed  to. 
Mr.  Hicks  offered  the  following  amendment : 

"All  officers  who  shall  have  been  appointed,  or  elected,  and 
who  are  not  liable  to  impeachment,  may  be  suspended  from 
office  by  the  Grovernor,  for  malfeasance  or  misfeasance  in  office, 
for  the  commission  of  any  felony,  or  for  drunkenness,  incom- 
petency, or  habitual  neglect  of  duty,  after  conviction  by  due 
course  of  law  ;  and  the  Legislature  shall  pass  the  necessary 
laws  to  carry  this  section  into  effect ;" 

Which  was  not  agreed  to. 

Mr.  Rogers  offered  the  following  amendment  : 

Provided^  however^  The  Legislature  may  provide  by  law 
the  method  of  authenticating  the  accusation  ; 
Which  was  not  agreed  to. 


135 


The  Section,  as  amended,  was  then  read  and  passed. 

Mr.  Conover  moved  to  reconsider  the  vote  b}"  which  Section 
15,  as  originally  numbered,  was  passed. 

Mr.  McClellan  moved  to  lay  the  motion  to  reconsider  on  the 
table  ; 

Which  was  agreed  to. 

Mr.  Maxwell  moved  that  Article  Y,  as  amended  and  passed, 
be  ordered  engrossed  and  spread  upon  the  Journal  ; 
Which  was  agreed  to. 

ARTICLE  Y. 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  supreme  Executive  power  of  the  State  shall 
be  vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Grov- 
ernor  of  Florida. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  elect- 
ors of  the  State  at  the  time  and  places  of  voting  for  the  mem- 
bers of  the  Legislature,  and  shall  hold  his  office  for  four  j^ears 
from  the  time  of  his  installation,  but  shall  not  be  eligible  for 
re-election  to  the  said  office  the  next  succeeding  term  ;  Pro- 
vided^ That  the  first  election  for  Governor  under  this  Consti- 
tution shall  be  had  at  the  time  and  places  of  voting  for  members 
of  the  Legislature  and  State  officers,  in  the  3^ear  of  our  Lord 
one  thousand  eight  hundred  and  eighty-eight,  and  the  term  of 
office  of  the  Governor  then  elected  shall  begin  on  the  day  of 
the  assembling  of  the  Legislature  chosen  at  such  election. 

Sec.  3.  Xo  person  shall  be  eligible  to  the  office  of  Governor 
who  is  not  a  qualified  elector,  and  who  has  not  been  ten  years 
a  citizen  of  the  United  States,  and  five  3'ears  a  citizen  and  resi- 
dent of  the  State  of  Florida  next  preceding  the  time  of  his 
election. 

Sec.  -4.  The  Governor  shall  1)6  Commander-in-Chief  of  the 
militar}'  forces  of  the  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States. 

Sec.  5.  He  shall  transact  all  Executive  business  with  the 
officers  of  the  government,  civil  and  militarj',  and  may  require 
information  in  writing  from  the  administrative  officers  of  the 
Executive  Department  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  6.  He  shall  take  care  that  the  laws  be  faithfullj'  exe- 
cuted. 

Sec.  T.  When  any  office,  from  any  cause,  shall  become  vacant, 
and  no  mode  is  provided  by  this  Constiiution  or  by  the  laws 
of  the  State  for  filling  such  vacancy,  the  Governor  shall  have 
the  power  to  fill  such  vacancy  by  granting  a  commission  for 
the  unexpired  term. 


136 


Sec.  8.  The  Governor  may,  on  extraordinary  occasions,  con- 
vene the  Legislature  by  proclamation,  and  shall  in  his  procla- 
mation state  the  purpose  for  which  they  are  to  be  convened, 
and  the  Legislature  when  organized  shall  transact  no  legisla- 
tive business  other  than  that  for  which  they  are  especially 
convened,  or  such  other  legislative  business  as  the  Governor 
may  call  to  their  attention  while  in  session,  except  by  a  two- 
thirds  vote  of  each  house. 

Sec.  9.  He  shall  communicate  by  message  to  the  Legislature 
at  each  regular  session,  and  at  the  close  of  his  official  term,  to 
the  next  Legislature,  information  concerning  the  condition  of 
the  State,  and  recommend  such  measures  as  he  may  deem  ex- 
pedient. 

Sec.  10.  In  case  of  a  disagreement  between  the  two  houses 
with  respect  to  the  time  of  adjournment,  the  Governor  shall 
have  power  to  adjourn  the  Legislature  to  such  time  as  lie  may 
think  proper,  provided  it  is  not  beyond  the  time  fixed  for  the 
meeting  of  the  next  Legislature. 

Sec.  11.  The  Governor  shall  have  power  to  suspend  the  col- 
lection of  fines  and  forfeitures,  and  grant  reprieves  for  a  period 
not  exceeding  sixty  days,  dating  from  the  time  of  conviction, 
for  all  offences,  except  in  cases  of  impeachment.  In  case  of 
conviction  for  treason  he  shall  have  power  to  suspend  the 
execution  of  sentence  until  the  case  shall  be  reported  to  the 
Legislature  at  its  next  session,  when  the  Legislature  shall 
either  pardon,  direct  the  execution  of  the  sentence,  or  grant  a 
further  reprieve  ;  and  if  the  Legislature  shall  fail  or  refuse  to 
make  disposition  of  such  case,  the  sentence  shall  be  enforced 
at  such  time  and  place  as  the  Governor  may  by  his  order  direct. 
The  Governor  shall  communicate  to  the  Legislature,  at  the 
beginning  of  every  session,  every  case  of  fine  or  forfeiture  re- 
mitted or  reprieved,  pardon  or  commutation  granted,  stating 
the  name  of  the  convict,  the  crime  for  which  he  was  convicted, 
the  sentence,  its  date,  and  the  date  of  its  remission,  commuta- 
tion, pardon  or  reprieve. 

Sec.  12.  The  Governor,  Justices  of  the  Supreme  Court,  and 
Attorney-General,  or  a  major  part  of  them,  of  whom  the  Gov- 
ernor shall  be  one,  may,  upon  such  conditions,  and  with  such 
limitations  and  restrictions  as  they  may  deem  proper,  remit 
fines  and  forfeitures,  commute  punishment,  and  grant  pardons 
after  conviction,  in  all  cases,  except  treason  and  impeachment, 
subject  to  such  regulations  as  mav  be  provided  by  law  relative 
to  the  manner  of  applying  for  pardons. 

Sec  13.  The  Governor  may,  at  any  time,  require  the  opinion 
of  the  Justices  of  the  Supreme  Court,  as  to  the  interpretation 
of  any  portion  of  this  Constitution  upon  any  question  afiect- 


137 


ing  his  Executive  powers  and  duties,  and  the  Justices  shall 
render  such  opinions  in  writing. 

Sec.  14.  All  grants  and  commissions  shall  be  in  the  name  and 
under  the  authority  of  the  State  of  Florida,  sealed  with  the  great 
seal  of  the  State,  signed  the  Governor,  and  countersigned 
by  the  Secretary  of  State. 

Sec  15.  All  officers  who  shall  have  been  appointed  or 
elected,  and  who  are  not  liable  to  impeachment,  may  be  sus- 
pended from  office  by  the  Governor  for  malfeasance  or  mis- 
feasance, or  neglect  of  duty  in  office,  for  the  commission  of  any 
felony,  or  for  drunkenness  or  incompetency,  and  the  cause  of 
suspension  shall  be  communicated  to  the  officer  suspended  and 
to  the  Senate  at  its  next  session.  And  the  Governor,  by  and 
with  the  c  aisent  of  the  Senate,  may  remove  any  officer,  not 
liable  to  impeachment,  for  any  cau-e  above  named.  Any  sus- 
pension shall  continue  until  the  adjournment  of  the  next  ses- 
sion of  the  Senate,  unless  the  the  officer  suspended  shall,  upon 
the  recommendation  of  the  Governor,  be  removed,  but  the 
Governor  may  reinstate  said  officer  so  suspended  upon  satis- 
factorv  evidence  that  the  charge  or  charges  against  such  officer 
are  untrue.  If  the  Senate  shall  refuse  to  remove,  or  fail  to 
take  action  before  its  adjournment,  the  officer  suspended  shall 
resume  the  duties  of  the  office.  The  Governor  shall  have  power 
to  fill  b}'  appointment  any  office,  the  incumbent  of  which  has 
been  suspended.  Xo  officer  suspended  who  shall  under  this 
section  resume  the  duties  of  his  office,  shall  suffer  any  loss  of 
salary  or  other  compensation  in  consequence  of  such  suspen- 
sion. The  suspension  or  removal  herein  authorized  shall  not 
relieve  the  officer  from  indictment  for  any  misdemeanor  in 
office. 

Sec.  16.  The  Governor  shill,  by  and  with  the  consent  of  the 
Senate,  appoint  all  commissioned  officers  of  the  State  Militia, 
including  an  Adjutant-General  for  the  State.  The  Adjutant- 
General  shall  be  the  chief  officer  of  the  Governor's  staff,  with 
the  rank  of  Major-General.  His  duties  and  compensation  shall 
be  prescribed  by  law  ;  Py^ovided,  That  this  Constitution  shall 
work  no  vacancy  in  the  office  of  Adjutant-General,  as  now 
constituted,  until  the  expiration  of  the  present  term. 

Sec.  it.  The  Governor  and  the  administrative  officers  of  the 
Executive  Department  shall  constitute  a  Board  of  Commission- 
ers of  State  Institutions,  which  Board  shall  have  supervision 
of  all  matters  connected  therewith,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  18.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bills  making  appropriations  of  money 
embracing  distinct  items,  and  the  part  or  parts  of  the  bill  ap- 


138 


proved  shall  be  the  law,  and  the  item  or  items  of  appropriation 
disapproved  shall  be  void,  unless  re-passed  according  to  the 
rules  and  limitations  prescribed  for  the  passage  of  other  bills 
over  the  Executive  veto. 

Sec.  19.  In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  resignation  or  inability  to  discharge 
his  official  duties,  the  powers  and  duties  of  the  Governor  shall 
devolve  upon  the  President  of  the  Senate  for  the  residue  of 
the  term,  or  until  the  disability  shall  cease ;  and  in  case  of  the 
impeachment,  removal  from  office,  death,  resignation  or  in- 
ability of  the  President  of  the  Senate,  the  powers  and  duties 
of  the  office  shall  devolve  upon  the  Speaker  of  the  House  of 
Representatives.  But  should  there  be  a  general  election  for 
members  of  the  Legislature  during  such  vacancy,  an  election 
for  Governor  to  fill  the  same  shall  be  had  at  the  same  time. 

Sec.  20.  The  Governor  shall  be  assisted  by  administrative 
oflScers,  as  follows :  A  Secretary  of  State,  Attorney-General, 
Comptroller,  Treasurer,  Superintendent  of  Public  Instruction 
and  Commissioner  of  Agriculture,  who  shall  be  elected  at 
the  same  time  as  the  Governor,  and  shall  hold  their  offices 
for  the  same  term ;  Provided,  That  the  first  election  of  such 
officers  shall  be  had  at  the  time  of  voting  for  Governor  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty- 
eight. 

Sec.  21.  The  Secretary  of  State  shall  keep  the  records  of 
official  acts  of  the  Legislative  and  Executive  Departments  of 
the  Government,  and  shall,  when  required,  lay  the  same,  and 
all  matters  relative  thereto,  before  either  branch  of  the  Legis- 
ture,  and  shall  be  the  custodian  of  the  Great  Seal  of  the  State. 
He  shall  also  have  charge  of  the  Capitol  buildins:  and  grounds 
and  perform  such  other  duties  as  shall  be  prescribed  by  law. 

Sec.  22.  The  Attorney-General  shall  be  the  legal  adviser  of 
the  Governor,  and  of  each  of  the  officers  of  the  Executive  De- 
partment, and  shall  perform  such  other  legal  duties  as  may  be 
provided  by  law.  He  shall  be  Reporter  for  the  Supreme 
Court. 

Sec.  23  The  Comptroller  shall  examine,  audit,  adjust  and 
settle  the  accounts  of  all  officers  of  the  State,  and  perform  such 
other  duties  as  may  be  prescribed  by  law. 

Sec.  24.  The  Treasurer  shall  receive  and  keep  all  funds, 
bonds,  or  other  securities,  in  such  manner  as  may  be  provided 
by  law,  and  shall  disburse  no  funds,  bonds,  or  other  securities, 
except  upon  the  order  of  the  Comptroller,  countersigned  bv 
the  Governor,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  25.  The  Superintendent  of  Public  Instruction  shall 
have  supervision  of  all  matters  pertaining  to  public  instruc- 


139 


tion  ;  the  supervision  of  State  buildings  devoted  to  educational 
purposes,  and  other  duties  as  the  Legislature  may  deem  proper 
for  him  to  perform. 

Sec.  26.  The  Commissioner  of  Agriculture  shall  perform 
such  duties  in  relation  to  agriculture  as  may  be  prescribed  by 
law ;  shall  have  supervision  of  all  matters  pertaining  to  the 
public  lands  under  regulations  prescribed  by  law,  and  shall 
keep  the  Bureau  of  Immigration.  He  shall  also  have  super- 
vision of  the  State  Prison,  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  law. 

Sec.  27.  Each  officer  of  this  department  shall  make  a  full 
report  of  his  official  acts,  of  the  receipts  and  expenditures  of 
his  office,  and  of  the  requirements  of  the  same,  to  the  Grovernor 
at  the  beginning  of  each  regular  session  of  the  Legislature,  or 
whenever  the  Grovernor  shall  require  it.  Such  reports  shall  be 
laid  before  the  Legislature  by  the  Governor  at  the  beginning 
of  each  reo^ular  session  thereof.  Either  house  of  the  Leojisla- 
ture  may  at  any  time  call  upon  a.ny  officer  of  this  department 
for  information  required  by  it. 

Sec.  28.  The  Governor  and  administrative  officers  of  the 
Executive  Department  shall  be  installed  on  the  first  day  of 
the  meeting  of  the  Legislature  after  their  election. 

Article  IV,  as  reported  by  the  committee,  was  read. 

Section  1  was  read  and  adopted  without  amendment. 

Section  2  was  read. 

Mr.  Rogers  offered  to  amend  as  follows  : 
Strike  out  *•  biennial"  in  the  first  line  and  insert  the  word 
annual." 

Mr.  Walter  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  upon  Mr.  Rogers'  amendment  to  strike 
out  biennially  and  insert  annually. 
The  yeas  and  nays  were  called  for. 
T'he  vote  was  : 

Yeas — Messrs.  Baker,  Broome,  Chandler,  Coker,  Conover. 
Fowler,  Gibbs,  Goodbread,  Goss,  Hunter,  Ives,  Johnston,  Les- 
ley, Mann,  Miller,  >[itchell,  Rogers.  Sanchez,  Thompson.  Tol- 
bert.  Tompkins,  Walker,  Jr..  Wall,  Westcott  and  Zipperer 
—  25. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton. 
Bennett,  Bethel,  Blackburn.  Blount.  Bush,  Campbell,  Carter, 
Carr,  Carson,  Challen,  Clark  of  Jackson.  Cook.  Davidson,  Da- 
vis, Duncan,  Earle,  Edge.  Fogarty,  Genovar.  Gillis,  Green, 
Hargret,  Hatch,  Hausman.  Henderson.  Herndon.  HicKS, 
Hocker.  Hope,  Humphries.  Jones,  Landrum,  Lewis,  Lov'e,  Lut- 
teiioh,  Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McCas- 


140 


kill,  McClellan,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Park- 
hill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Robertson,  Rowe,  Scott, 
Sheats,  Stone,  Swearingen,  Taylor,  Tedder,  Turnbull,  Wads- 
worth,  Walter,  Weeks,  Wellman,  Whitmire,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge— 15. 

So  the  amendment  was  lost. 

Mr.  McClellan  offered  to  amend  as  follows : 

Strike  out  "January  "  and  insert  "April." 

Mr.  Tolbert  offered  to  amend  ihe  amendment  as  follows  : 

Strike  out  "  January  "  and  insert  "  November." 

Mr.  Maxwell  moved  the  previous  question  ; 

Which  was  ordered. 

The  question  was  upon  the  amendment  offered  by  Mr.  Tol- 
bert : 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  amendment  offered  hy  Mr. 
McClellan. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Blackburn,  Blount,  Broome,  Bush,  Carson,  Clark  of  Jackson, 
Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Gillis,  Hausman,  Hendley,  Hender- 
son, Hocker,  Hope,  Humphries,  Ives,  Johnston,  Jones,  Lesley, 
Lewis,  Lutterloh,  Marshall,  Miller,  Morgan,  McClellan, 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Petty,  Randall 
of  Duval,  Randell  of  Madison,  Randolph,  Richard,  Sheats, 
Tedder,  Thompson,  Tompkins,  Turnbull,  Wadsworth,  Walker, 
Jr.,  Wall,  Walter,  Westcott,  Wylly  and  Yonge— 58. 

Nays — Messrs.  Bell  of  Hamilton,  Betliel,  Campbell,  Car- 
ter, Carr,  Challen,  Chandler,  Earle,  Edge,  Goodbread,  Goss, 
Green,  Hargret,  Hatch,  Herndon,  Hicks,  Hunter,  Landrum, 
Malone,  Mann,  Maxwell,  Mitchell,  McCaskill,  Neel,  Odom, 
Oliveros,  Pelot,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Swearingen,  Taylor,  Tolbert,  Weeks,  Wellman,  Whitmire, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee  and  Zipperer 
—41. 

So  the  amendment  was  agreed  to  and  declared  adopted. 

Mr.  Challen  offered  to  amend  as  follows  : 

Insert    Mav  "  instead  of  Januar}^ 

Which  was  not  agreed  to. 

Mr.  Miller  offered  to  amend  as  follows : 

Add  to  Section  2,  Section  25,  which  reads  as  follows  :  "  Reg- 
ular sessions  of  the  Legislature  may  extend  to  sixty  days,  but 


141 


any  special  session  convene'l  by  the  Governor  shall  not  exceed 
twenty  days  ;■" 

"Which  was  agreed  to. 

Mr.  Mann  offered  the  following  amendment  : 
Add  to  section  2  "  the  pay  of  any  member  for  each  regular 
session  shall  not  exceed  $250  and  mileage." 
^Ir.  McCaskill  offered  to  amend  as  follows: 
Strike  out  in  section  2  "  sixt}-    an^l  insert  forty." 
Mr.  Tompkins  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas— Messrs.  Baker.  Bell  of  Brevard  and  Dade.  Bell  of 
Hamilton,  Bennett.  Bethel.  Blount.  Broome.  Bush.  Carter. 
Carr.  Chandler.  Coker,  Cook,  Davidson.  Davis.  Dancan. 
Fc>wier.  Gibbs,  Gillis.  Hargret.  Hatch.  Hausm;in.  Hend- 
ley.  Hicks.  Hocker.  Hope.  Humphries.  Ives.  Lewi?.  Love. 
Malone.  Maxwell.  Miller.  Mitchell.  Morgan,  McClellan.  Parker. 
Parsons.  Pelot.  Petty.  Rogers.  Pvowe.  Sanchez.  Sheats.  Swear- 
ingen.  Taylor.  Thompsou.  Tompkins.  Turnbull.  Walter.  Well- 
man  and  Yonge — 52. 

Xays — Messrs.  Blackburn.  Campbell.  Carson.  Challen. 
Clark  of  Jackson.  Conover,  Earle,  Fogarty,  Genovar.  GoO'i- 
bread.  Goss.  Green.  Henderson,  Herndon.  Hunter.  .Jones,  Lan- 
drum.  Lesley,  Lutterloh,  Mann.  Marshall.  Milton.  McCaskill. 
Xeel.  Odom!  Orman.  Parkhill.  Paterson.'  Randall  of  Duval. 
Randell  of  Madison.  Randolph.  Richard.  Pvobertson,  Scott. 
Stone,  Tedder.  Tolbert.  Wadsworth.  Walker.  Jr..  Wall. 
Weeks.  Whitmire.  Wilson  of  Clay.  Wilson  of  Polk  and  Man- 
atee. W\dly  and  Zipperer — 46. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  Section  2  as 
am^-nded  ; 

Which  was  agreed  to.  and  the  section  wa?  passed. 
Mr.  Tompkins  was  indefinitely  excused  on  account  ^f  sick- 
ness, 

Mr.  Bethel  moved  to  adjourn  until  y  o'clock  A.  INL  to-mor- 
row : 

Which  was  agreed  to.  and  the  Convention  was  so  adjourue'l. 


142 


FIFTEENTH  DAY. 


FRIDAY,  June  26,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  Chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  :  . 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Cock,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman,  Hendley, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Malone,  Marshall,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  McCaskill,  McClellan,  Neel,  Odom,  Oliveros, 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Ran- 
dall of  Duval,  Randell  of  Madison,  Randolph,  Richard,  Rob- 
ertson, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen.  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Turnbuli,  Wad.-.worth,  Walker,  Jr.,  Wall,  Walter,  Weeks, 
Wellman,  West(tott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  W^dly,  Yonge  and  Zipperer — 103. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Fowler  moved  to  dispense  with  the  reading  of  the 
Journal ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

On  motion  of  Mr.  Yonge,  Mr.  Fogarty  was  added  to  the 
Committee  on  County,  Township  and  City  Organization,  in 
place  of  and  until  the  return  of  Mr.  Monsalvatge,  who  is  tem- 
porarily absent. 

Mr.  Maxwell  asked  leave  to  have  the  report  offered  by  him 
on  yesterda}^  include  the  amendment  offered  by  Mr.  Walker. 

The  roll  of  counties  being  called  the  following  Ordinances 
and  Articles  were  introduced,  read  and  referred  to  appropriate 
committees  : 

By  Mr.  Hicks,  Article  No.  54 :  Declaring  ministers  of  the 
Gospel  ineligible  to  the  Legislature  ; 


143 


Which  was  referred  to  the  Committee  on  Preamble  and 
Bill  of  Rights. 

By  Mr.  Marshall,  Ordinance  Xo.  55  :  Asserting  the  right  of 
the  State  to  regulate  freights,  tolls,  wharfage  and  fares,  and 
giving  the  Legislature  the  power  to  appoint  Commissioners  for 
that  purpose  ; 

Which  was  referred  to  Committee  on  Private  Corporations. 

REPORTS  OF  COMMITTEES. 

The  roll  of  committees  being  called,  the  following  reports 
were  handed  in  : 

Mr.  Orman,  Chairman  of  the  Committee  on  Homesteads  and 
Exemptions,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  2  6,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Homestead  and  Exemptions,  to 
whom  was  referred  — 

Article  Xo.  3,  introduced  by  Mr.  Sanchez,  of  the  Thirteenth 
Senatorial  District,  in  relation  to  homestead  and  exemptions  ; 
Ordinance  Xo.  5,  bv  Mr.  Taylor,  of  Alachua,  relating  to  home- 
stead exemptions  ;  Ordinance  Xo.  15,  by  Mr.  Mitchell,  of  Leon, 
in  relation  to  homestead  exemptions  and  the  lights  of  married 
women  ;  Ordinance  Xo.  25,  by  Mr.  Morgan,  of  Suwannee,  in 
reference  to  homestead  and  exemptions  ;  Resolution  Xo.  44, 
by  Mr.  Carter,  of  Levj^,  relating  to  homestead  and  exemp- 
tion ;  Resolution  Xo.  49,  by  Mr.  5lann,  of  Hernando,  relative 
to  homestead  exemptions;  Ordinance  Xo.  50,  by  Mr.  Walter, 
of  Duval,  relative  to  homestead  ;  Resolution  X^o.  81,  b}'  Mr. 
Hicks,  of  Franklin,  defining  the  homestead  and  exemptions  : 
Resolution  Xo.  90,  by  Mr.  Tolbert,  of  Columbia,  relative  to 
homestead  exemption  ;  Resolution  Xo.  94,  hy  Mr.  Lutterloh. 
of  Lev}',  in  reference  to  homestead  ;  Article  Xo.  Ill,  by  Mr. 
Coker,  of  Jackson,  on  homestead  and  exemption,  we  report  as 
having  carefully  examined  and  considered  all  of  said  articles, 
ordinances  and  resolutions,  and  as  having  incorporated  such 
parts  of  each  of  them  as  coincided  with  our  views  in  the  Arti- 
cle Xo.  6,  on  homestead  and  exemptions,  prepared  by  us,  and 
herewith  submitted  to  the  Convention.  We  respectfully  refer 
all  of  said  articles,  ordinances  and  resolutions  back  to  the 
Convention,  and  recommend  that  our  said  Article  Xo.  6  be 
adopted  as  a  substitute  for  them  as  a  whole,  and  ask  to  be  dis- 
charged from  the  further  consideration  thereof. 

Yevy  respectfull}', 

W.  T.  Orman, 

Chaimian  Committee. 


144 


ARTICLE  VI. 

HOMESTEAD  EXEMPTION. 

Section  1.  A  homestead  embracing  not  exceeding  one  hun- 
dred and  sixty  acres  of  land,  held  for  agricultural  purposes  and 
for  residence  by  the  owner  or  holder  thereof,  or  not  exceed- 
ing one-half  of  one  acre  within  the  limits  of  an  incorporated 
city  or  town,  held  by  any  person  residing  in  this  State  and  oc- 
cupied by  him  or  her  as  a  home  for  himself  or  herself  and 
family,  and  the  improvements  thereon  shall  be  exempt  from 
forced  sale  under  process  of  any  court  except  as  hereinafter  men- 
tioned, and  the  same  shall  not  be  alienable  unless  by  the  con- 
sent of  both  husl)and  and  wife,  when  such  relation  exists.  The 
improvements  exempted  within  a  city  or  town  shall  include  one 
dwelling-house  of  the  holder  and  his  or  her  family,  with  the  ap- 
purtenances tht^reto,  and  no  judgment  or  decree  shall  be  a  lien 
upon  any  exempted  property  except  as  provided  in  this  Ar- 
ticle. 

Sec.  2.  There  shall  also  be  exempted  from  such  forced  sale  to 
every  head  of  a  family  or  householder  residing  in  this  State, 
personal  property  to  the  value  of  one  thousand  dollars,  to  be 
selected  in  a  manner  provided  by  law. 

Sec.  3.  No  property  mentioned  in  this  article  shall  be  ex- 
empted from  sale  for  taxes  or  assessments  thereon,  or  for 
the  payment  of  debts  contracted  for  the  purchase  of  such  real 
or  personal  property,  or  for  the  erection  or  repair  of  buildings 
or  improvements  thereon,  or  for  labor  performed  on  the  prem- 
ises. 

Sec.  4.  Nothing  in  this  Article  shall  be  construed  to  pre- 
vent the  holder  of  a  homestead  from  alienating  his  or  her  home- 
stead so  exempted  by  deed  or  mortgage,  duly  executed  by 
himself  or  herself,  and  by  husband  and  wife,  if  such  relation 
there  be. 

Sec.  5.  The  benefit  of  the  exemptions  mentioned  in  this 
Article  shall  inure  in  favor  of  the  widow  and  minor  children 
of  the  owner  or  holder,  who  shall  be  seised  of  the  same  at  the 
death  of  the  owner  or  holder  in  their  own  right  in  common. 

Sec.  6  The  exemptions  provided  for  in  th  •  Constitution  of 
this  State  adopted  in  186S  shall  apply  as  to  all  debts  con- 
tracted and  judgments  rendered  since  the  adoption  thereof 
and  prior  to  the  adoption  of  this  Constitution. 

Sec  t.  The  Legislature  shall  enact  such  laws  as  may  be 
necessary  to  enforce  the  provisions  of  this  Article; 

Which  was  received,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Also  the  following : 


145 


Convention  Hall,  Tallahassee,  Fla.,  June  26,  1885, 
Hon.  Samuel  Pasco, 

President  of  the  Gonvention  : 

Sir:  Your  Committee  on  Married  Women's  Property,  to- 
whom  was  referred  — 

Resolution  No.  9,  introduced  b}'  Mr.  Blount,  of  Escambia^ 
defining  the  rights  and  liabilities  of  a  married  woman  ;  and 
Resolution  No.  78,  by  Mr.  Morgan,  of  Suwannee,  in  relation 
to  propert}^  of  married  women,  we  report  that  we  have  givea 
said  resolutions  due  consideration,  and  now  refer  them  back 
to  the  Convention,  and  rec  ommend  as  a  substitute  therefor 
the  Article  Xo.  VII,  prepared  by  us,  and  herewith  submitted  ; 
and  respectfully-  ask  to  be  discharged  from  further  considera- 
tion of  the  subject. 

Very  respectfully, 

AV.  T.  Orman,  Chairman. 

ARTICLE  TIL 

married  women's  property. 

Section  ].  All  property,  real  and  personal,  of  a  wife  owned 
b}-  her  before  marriage,  or  lawfully^  acquired  afterward  hy  gift, 
devise,  bequest,  descent,  or  purchase,  shall  be  her  separate  pro- 
perty, and  the  same  shall  not  be  liable  for  the  debts  of  her 
husband  without  her  consent  given  b}^  some  instrument  in 
writing  executed  according  to  the  law  respecting  conveyances- 
by  married  women. 

Sec.  2.  A  married  woman's  separate  real  or  personal  pro- 
perty ma}^  be  charged  in  equity  and  sold,  or  the  uses,  rents, 
and  profits  thereof  sequestrated  for  the  purchase  money 
thereof;  or  for  money-  or  thing  due  upon  any  agreement  made 
by  her  in  writing  for  the  benefit  of  her  separate  property  ;  or 
for  the  price  of  any  property-  purchased  by  her,  or  for  labor 
and  material  used  with  her  knowledge  or  assent  in  the  con- 
struction of  buildings  or  repairs  or  improvements  upon  her 
property,  or  for  agricultural  or  other  labor  bestowed  thereon. 

Sec.  3.  The  Legislature  shall  enact  such  legislation  as  shall 
be  necessary  to  carry  into  efi"ect  this  Article  ; 

Which  was  received  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Article  IV  was  taken  up. 

Section  3  was  read. 

Mr.  Bush  ofl'ered  to  amend  as  follows  : 

Strike  out  in  first  line  "  biennially-  and  insert  "  every  four- 
years." 


10 


146 


In  third  line  strike  out  the  word  "  second  "  and  insert 
"  fourth 

Which  was  not  agreed  to.  • 

Section  3  was  then  passed  as  reported  by  the  committee. 
Section  4  was  read. 

The  question  was  upon  the  adoption  of  the  Section. 
Mr.  Baker  moved  to  pass  over  ^!>ection  4  for  the  present ; 
Which  was  agreed  to. 
Section  5  was  read. 

The  question  was  upon  the  adoption  of  the  Section. 
Mr.  Miller  offered  to  amend  as  follows  : 

Strike  out  in  Section  5  the  words  in  the  respective  coun- 
ties and  districts  which  they  represent,''  and  add  in  lieu 
thereof  the  words  "  of  the  State," 

Mr.  Bethel  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Pelot  offered  to  amend  as  follows  : 

After  the  word  "  represent,"  on  second  line,  insert  "  Pro- 
vided^ That  no  person  shall  be  eligible  to  the  office  of  Senator 
or  Representative,  unless  such  person  shall  have  been  a  resi- 
dent of  the  State  for  three  years  and  of  the  district  or  county 
of  which  he  may  be  elected  for  one  year  next  preceding  such 
election  ;" 

Which  was  not  agreed  to. 

Mr.  Blackburn  offered  to  amend  as  follows: 

In  3d  line,  in  place  of  ^'  not  exceed  six,"  read    be  five." 

Mr.  Baker  offered  to  amend  the  amendment  as  follows  ; 

Strike  out  "  five  "  and  insert  "  six." 

The  question  was  on  the  adoption  of  the  amendment  to  the 
amendment. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Carr,  Gribbs  and  Miller — 4. 

^ays — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bennett,  Bethel,  Blackburn,  Blount.  Broome,  Bush,  Campbell, 
Carter,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gillis,  Goodbread, 
Goss,  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Henderson, 
Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh, 
Malone,  Mann,  Marshall,  Maxwell,  Milton,  Mitchell,  Mor- 
gan, McCaskill,  McClellan,  Neel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Ran- 
dall of  Duval,  Randell  of  Madison,  Randolph,  Richard,  Robert- 
son, Rogers,  Rowe,  Sanchez,  Scott,   Sheats,   Speer,  Stone, 


147 


Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Turnbull,  WadsVorth,  Walker,  Jr.,  Wall,  Walter,  Weeks, 
Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  W3dly,  Yonge  and  Zipperer — 101. 

So  the  amendment  to  the  amendment  was  not  agreed  to. 

Mr.  Mann  offered  the  following  amendment  to  the  amend- 
ment : 

Strike  out    5  "  and  insert  "  4 
Which  was  not  agreed  to. 

Mr.  Maxwell  offered  to  amend  the  amendment  as  follows  : 
Strike  out  "  not  exceed  "  and  insert  "  not  be  less  than  four 
nor  m  »re  than  six 

Which  was  not  agreed  to. 

The  question  reverted  to  the  amendment  offered  by  Mr. 
Blackburn. 

Mr.  Sheats  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Broome,  Bush,  Car- 
ter, Carr,  Challen,  Chandler,  Conover,  Cook,  Davidson,  Davis, 
Earle,  Fogarty,  Fowler,  Gibbs,  Gillis,  Goodbread,  Green,  Har- 
gret,  Hausman,  Hendley,  Hocker,  Hope,  Humphries,  Johnston, 
Jones,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell,  Mitchell, 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty, 
Randell  of  Madison,  Randolph,  Robertson,  Rogers,  Sanchez, 
Scott,  Sheats,  Taylor,  Thompson,  Tompkins,  Turnbull,  Weeks, 
Wilson  of  Clay,  Wylly  and  Yonge — 56. 

Xa3^s — Messrs.  Bell  of  Brevard  and  Dade,  Blackburn,  Blount, 
Campbell,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Co- 
ker,  Duncan,  Edge,  Genovar,  Goss,  Hatch,  Henderson,  Hern- 
don,  Hicks,  Hunter,  Ives,  Landrum,  Lesley,  Miller,  Milton, 
Morgan,  McCaskill,  McClellan,  Xeel,  Odom,  Oliveros,  Randall 
of  Duval,  Richard,  Rowe,  Speer,  Stone,  Swearingen,  Tedder, 
Tolbert,  Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Polk  and  Manatee  and  Zip- 
perer— 45. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Morgan  offered  to  amend  as  follows  : 

In  the  third  line  after  the  word  exceed,"  strike  out  "  six  " 
and  insert  five 

Which  was  not  agreed  to. 

Mr.  Milton  offered  the  following  amendment : 

Strike  out  "  six  dollars  "  and  insert  '"three,"  in  line  three 
of  Section  5. 

Mr.  Gibbs  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 


1-18 


The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Clark  of  Jackson, 
Coker,  Conovtr,  Davidson,  Davis,  Duncan,  Earle,  Fogarty, 
Fowler,  Gibbs,  Gillis,  Goodbread,  Green,  Hargret,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hope,  Humphries,  Hun- 
ter, Johnston,  Lewis,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Mitchell,  Morgan,  Neel,  Orman,  Parker,  Parkhill,  Parsons, 
Paterson,  Pelot,  Petty,  Randell  of  Madison,  Randolph,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Taylor,  Tedder, 
Thompson,  Tolbert,  Tompkins,  Wadsworth,  Walter,  Wellman, 
Whitmire,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and 
Zipperer — 73. 

Nays — Messrs.  Campbell,  Clarke  of  Jefferson,  Cook,  Edge, 
Genovar,  Goss,  Hatch,  Hocker,  Ives,  Jones,  Landrum,  Lesley, 
Love,  Mann,  Miller,  Milton,  McCaskill,  McClellan,  Odom, 
Oliveros,  Richard,  Robertson,  Swearingen,  Turnbull,  Walker, 
Jr.,  Wall,  Weeks,  Westcott  and  Wilson  of  Clay— 30. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Bush  offered  the  following  amendment  : 

In  line  3  strike  out  "  six  "  and  insert  "  live  ;" 

Which  was  withdrawn. 

Mr.  Lutterloh  offered  the  following  amendment : 

In  Section  5  strike  out  in  line  3  "  shall  not  exceed  six  dollars- 
per  day  for  each  day  of  session,"  and  insert  "  shall  be  four 
hundred  dollars  for  each  session;" 

Which,  upon  motion,  was  laid  upon  the  table. 

Mr.  Mann  offered  the  following  amendment  : 

Section  5,  line  3,  strike  out     six  "  and  insert  "  3 

Which  was  withdrawn. 

Mr.  Turnbull  olfered  the  following  : 

In  line  3  strike  out  "six"  and  insert  "four,"  and  in  line  4 
strike  out  "  ten  cents  "  and  insert  "  five  cents  per  mile  each 
way ;" 

Which  was  laid  upon  the  table. 
Mr.  Parkhill  offered  the  following  : 

Strike  out  "  ten  cents  per  mile  "  and  insert  "  five  cents  per 
mile ;" 

Which  was  not  agreed  to. 

Mr.  Jones  offered  the  following  :  ' 

In  line  4  strike  out  ''each  "  and  insert  "  one  ;" 

Which  was  not  agreed  to  ; 

Mr.  Orman  offered  the  following  amendment : 

Strike  out  "  six,"  in  line  3,  and  insert  "  five 

Which  was  withdrawn. 


149 


Mr.  Paterson  offered  the  following  amendment : 
Insert  in  place  of  " not  exceed  six,"  "shall  not  exceed 
four 

Which,  upon  motion,  was  laid  upon  the  table. 

Mr.  Malone  offered  the  following  amendment : 

Amend  Section  5  b}^  adding ;  Provided^  That  the  per  diem 
of  any  Senator  or  member  of  the  Assembly  shall  not  exceed 
two  hundred  and  fifty  dollars  at  any  one  session  of  the  Legis- 
lature ; 

Which  was  not  ageed  to. 

Mr.  Bethel  moved  that  Section  4,  as  reported  by  the  com- 
mittee, be  adopted,  and  moved  the  previous  question. 
The  previous  question  was  ordered. 

The  Convention  proceeded  to  consider  amendments  without 
debate. 

Mr.  Turnbnll  offered  the  following  amendment  : 

After  "  represent  "  in  line  2,  insert  '*  provided  they  have 

paid  all  poll  or  per  capita  tax  that  may  have  been  assessed 

against  them 

Which  was  not  agreed  to. 

Mr.  Conover  offered  the  following  amendment : 
Strike  out  all  after  the  word  "  represent,''  in  line  two  ; 
Which  was  not  agreed  to. 
Mr.  Mann  offered  the  following  amendment  : 
In  line  3,  after  "  exceed,"  strike  out  "  six  dollars  per  day  for 
each  day  of"  and  insert  "  S300  for;'" 
Which  was  not  agreed  to. 

Mr.  Parsons  offered  the  following  amendment : 
Shall  be  allowed  the  same  per  diem  pay  as  the  members  of 
this  Convention  shall  receive  ; 
Which  was  not  agreed  to. 

Mr.  Clarke,  of  Jefferson,  offered  the  following  amendment  : 
Strike  out  all  after  "  represent"  in  2d  line  ; 
Which  was  withdrawn. 

Mr.  Speer  offered  the  following  amendment : 
In  line  3,  after  the  word  "  Assembly  "  insert  "  members  of 
this  Convention  shall  be  five  dollars  per  day  ;" 
Which  was  withdrawn. 

Mr.  Earle  offered  the  following  amendment : 

Provided^  That  no  member  shall  be  entitled  to  mileage  ex- 
cept upon  oath  or  affirmation  that  he  has  not  received  a  free 
pass  or  discount  on  the  fare  usually  paid  by  the  public  gen- 
erally. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Hamilton,  Bennett,  Bethel,  Black- 


150 


burn,  Bush,  Campbell,  Carter,  Carson,  Clark  of  Jackson, 
Coker,  Conover,  Cook,  Davis,  Duncan,  Earle,  Edge,  Genovar^ 
Goodbread,  Goss,  Green,  Hatch,  Hausman,  Hendley,  Hender- 
son, Hocker,  Hunter,  Ives,  Jones,  Love,  Lutterloh,  Malone^ 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  McCaskill,  jVJc- 
Clellan,  Neel,  Parkhill,  Parsons,  Randall  of  Duval,  Randolph 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Tedder,  Thompson,  Tolbert,  Walker^ 
Jr.,  Wall,  Weeks,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee  and  Zipperer — 63. 

Nays — Messrs.  Baker,  Bell  of  Brevam  and  Dade,  Blount, 
Broome,  Carr,  Challen,  Chandler,  Clarke  of  Jefferson,  David- 
son, Fogarty,  Fowler,  Gibbs,  Gillis,  Hargret,  Herndon,  Hicks, 
Hope,  Humphries,  Johnston,  Lesley,  Lewis,  Mann,  Morgan, 
Oliveros,  Orman,  Parker,  Paterson,  Pelot,  Petty,  Randell  of 
Madison,  Taylor,  Turnbull,  Wadsworth,  Walter,  Wellman, 
Westcott,  Wylly  and  Yonge  — 38. 

So  the  amendment  M^as  adopted. 

Mr.  Walker  offered  the  following  amendment : 

After  represent,  in  line  2,  insert :  The  first  Legislature  as- 
sembled under  this  Constitution  shall  provide  for  the  pay  of 
members  of  the  Legislature,  and  no  Legislature  shall  increase 
its  own  pay 

Which  was  not  agreed  to. 

Mr.  Chandler  offered  the  following  amendment  : 

In  line  3  strike  out  the  words  "  for  each  day  of  session 

Which  was  not  agreed  to. 

Mr.  Maxwell  offered  the  following  amendment: 
Strike  out    which  they  represent  "  and  insert  therefor  the 
words     for  which  ihey  are  chosen 
Which  was  agreed  to. 

Mr.  Parkhill  offered  the  following  amendment: 

Strike  out  all  of  Section  5  after  the  w^ord  "  session 

Which  was  not  agreed  to. 

Mr.  Carson  offered  the  following  amendment : 

Members  of  the  Legislature  shall  receive  not  exceeding  five 
dollars  per  diem  and  mileage  ten  cents  to  and  from  their  re- 
spective homes,  the  estimate  being  made  the  most  direct  route 
to  the  capital; 

Which  was  not  agreed  to. 

Mr.  Mann  offered  the  following  amendment: 

Strike  out  "  mileage  "  and  insert  "  fare  actually  paid 

Which  was  not  agreed  to. 

Section  5  was  then  passed  as  amended. 

Section  6  was  read. 


151 


Mr.  Bethel  moved  the  adoption  and  called  the  previoas  ques- 
tion. 

The  question  was,  Shall  the  previous  question  be  put  ? 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bethel,  Challen,  Duncan,  Genovar,  Gillis, 
Hendley,  Henderson,  Herndon,  Hicks,  Lesley,  Love,  Mc- 
Clellan,  Odom,  Parkhill,  Parson,  Paterson,  Pelot,  Randell  of 
Madison,  Randolph,  Richard,  Rogers,  Scott,  Speer,  Stone, 
Swearingen,  Tavlor,  Tedder,  Wadsworth,  Wall,  Weeks,  Wilson 
of  Clay  and  Wylly— 32. 

Xays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Blackburn,  Blount,  Bush,  Campbell,  Carter, 
Carr,  Carson,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Conover,  Cook,  Davis,  Earle,  Edge,  Fogart}',  Fowler, 
Gibbs,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hocker,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Lewis,  Lan- 
drum,  Lutterloh,  Malone,  Mann,  Marshall,  Miller,  Milton,  Mitch- 
ell, Morgan,  McCaskill,  Xeel,  Orman-,  Parker,  Randall  of  Duval, 
Robertson,  Rowe,  Sanchez,  Sheats,  Thompson,  Tolbert,  Turn- 
bull,  Walker,  Jr.,  Westcott,  Whitmire,  Wilson  of  Polk  and 
Manatee,  Yonge  and  Zipperer — 6L 

So  the  previous  question  was  not  ordered. 

Mr.  Marshall  offered  the  following  amoiidment : 

Strike  out  in  line  2  the  words,  including  a  President  of 
the  Senate 

Which  was  adopted. 

Mr.  Miller  offered  the  following  amendment : 
Add  after  the  word  "  Senate,"  in  second  line  of  Section  6, 
the  words  "  who  shall,  in  the  event  of  the  death,  impeachment 
or  disqualification  of  the  Governor,  become  Governor  ;" 
Which  was  withdrawn. 

Mr.  Mann  offered  the  following  amendment : 
Strike  out  "  present  "  in  line  4,  Section  6  ; 
Which  was  agreed  to. 

Mr.  Goss  offered  the  following  amen^lment : 

Strike  out  the  word  elections,''  in  first  line,  and  add  to  the 
section  the  words  the  courts  m&y  ba  vested  with  power  to  de- 
cide contested  elections  of  members  of  the  Legislature  ;"' 

Which  was  not  agreed  to. 

Mr.  Blackburn  offered  the  following  substitute  for  Section 
six : 

The  Assembly  shall  elect  a  Speaker  from  its  own  body,  and 
the  Senate  shall  elect  a  President  from  its  own  body,  who  shall 
be  their  presiding  officers  respectively,  each  House  shall  judge 
of  the  qualifications,  elections  and  returns  of  its  own  members. 


152 


choose  its  own  officers,  determine  rules  of  its  proceedings,  and 
punish  its  members  for  disorderly  conduct,  and  with  the  con- 
currence of  two-thirds  of  all  the  members  present  expel  a  mem- 
ber. 

Mr.  Orman  offered  the  following  : 

Strike  out  the  word  "punish,"  in  amendment  and  insert 
reprimand 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  substitute 
offered  by  Mr.  Blackburn. 

Mr.  McClellan  moved  to  insert  the  word  "  present  "  after 
the  word  "  member  "  in  last  line  ; 

Which  was  agreed  to. 

Mr.  Mitchell  offered  the  following  amendment: 
Add  after  the  word  "  rule,"  "  so  far  as  they  do  not  conflict 
with  the  provisions  of  this  Constitution 
Which  was  tabled. 

Mr.  Hocker  offered  the  following  amendment  to  the  substi- 
tute : 

"Each  of  whom  shall  be  eligible  for  the  office  of  Governor  ;" 
Which  was  accepted. 

Mr.  Malone  offered  the  following  amendment  as  a  substi- 
tute : 

"Who  shall  be  styled  Speaker  of  the  House  of  Representa- 
tives ;"  "  who  shall  be  styled  President  of  the  Senate." 

Pending  consideration  Mr.  Landrum  moved  to  recommit 
Section  6  and  proposed  amendments  to  the  Committee  on 
Legislative  Department ; 

Which  was  agreed  to. 

Mr.  Pelot  offered  the  following  additional  section : 

Section  — .  No  person  holding  a  lucrative  office  or  appoint- 
ment, under  the  United  States  or  of  this  State,  shall  be  eligi- 
ble to  a  seat  in  the  General  Assembly  of  this  State  ; 

Which  was  referred  to  Committee  on  Legislative  Depart- 
ment. 

Section  7  was  read. 

Mr.  Swearingen  offered  the  following  amendment : 
After  "  presence  "  in  second  line,  insert  "  or  a  refusal  to 
obey  its  lawful  summons  ;" 
Which  was  agreed  to. 

Mr.  TurnbuU  offered  the  following  amendment. 

In  line  1  after  the  word  by,"  Insert  "  fine  or  imprison- 
men ;" 

Which  was  agreed  to. 

Mr.  Parkhill  moved  to  amend  as  follows : 

Strike  out  all  after  the  word  "beyond,"  and  insert  "one 
day;" 


153 


Which  was  not  agreed  to. 

Section  7  was  then  passed  as  amended. 

Mr.  Blount  offered  the  following  additional  Section  : 

Sec.  8  Either  House  shall  have  power  to  compel  the  attend- 
ance of  witnesses  upon  any  investigation  held  by  itself  or  by 
any  of  its  committees ;  the  manner  of  the  exercise  of  such 
power  shall  be  provided  b\'  law  ; 

Which  was  read  and  adopted. 

Section  8  was  read  and  adopted  without  amendment. 
Section  9  was  read. 

Mr.  Blount  moved  to  refer  the  entire  section  to  the  Commit- 
tee on  Suffrage  and  Eligibility  ; 
Which  was  agreed  to. 
Section  10  was  read. 

Mr.  Maxwell  moved  to  amend  as  follows  : 
Strike  out    three  "  and  insert  "  five,  '  in  line  3,  Section  11, 
Article  lY. 

Mr.  Bush  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amendment ; 
Which  was  agreed  to,  and  Section  10,  as  amended,  was 
passed. 

Section  11  was  read. 

Mr.  Sheats  offered  the  following  amendment  : 
Strike  out  ''they  "  and  "their  "  in  the  last  line  and  insert 
"  it  "  and  ''  its  "  respectively  ; 

Which  was  not  agreed  to,  and  Section  11  was  passed  as  read. 
Section  12  was  read  and  passed  without  amendment. 
Section  13  was  read. 

Mr.  Clarke,  of  Jefferson,  moved  to  strike  out  the  ward  '  As- 
sembl}^  "  and  insert  the  words  "  House  of  Representatives," 
wherever  it  may  occur  ; 

Which  was  not  agreed  to. 

Mr.  Love  moved  to  amend  as  follows  : 

Strike  out  "the  people  of  the  State  of  Florida  represented 
in  the  Senate  and  Assembly  do  enact  as  follows" — "  Be  it  en- 
acted by  the  Legislature  of  the  State  of  Florida  ;" 

Which  was  agreed  to,  and  section  13  was  passed  as  amended. 

Section  14  was  read. 

Mr.  Marshall  offered  to  amend  as  follows  : 
Provided^  That  this  section  shall  not  apply  to  any  act  of 
the  Legislature  providing  for  a  general  revision  of  the  laws ; 
Which  was  not  agreed  to. 
Section  14  was  then  passed,  as  read. 
Section  15  was  read. 
Mr.  Miller  offered  to  amend  as  follows  : 


154 


Add  after  the  word  "  rule,"  the  words  by  yeas  and  nays 
duly  entered  upon  the  Journal 

Mr.  Hicks  moved  to  lay  the  amendment  on  the  table ; 
Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment  of- 
fered by  Mr.  Miller. 

The  amendment  was  lost. 

Mr.  Blount  offered  the  following  amendment ; 

After  the  word  ''house  "  in  fifth  line,  insert  ''''provided^  that 
any  general  revision  of  the  entire  laws  embodied  in  any  bill  shall 
not  be  required  to  be  read  by  sections  upon  its  final  passage, 
and  its  reading  may  be  wholly  dispensed  with  by  a  two-thirds 
vote;" 

Which  was  agreed  to. 

Section  15  was  passed  as  amended. 

Mr.  Conover  offered  the  following  as  an  additionol  rule : 
That  when  anj^  amandment  shall  be  proposed  to  any  article 
or  section  of  the  Constitution  under  consideration  it  shall  be 
disposed  of  before  any  additional  amendment  shall  be  received 
or  considered  ; 

Which  was  not  agreed  to. 

Mr.  Marshall  gave  notice  that  he  would  on  to-morrow  move 
a  reconsideration  . of  the  vote  by  which  Section  2  of  Article  I Y 
was  passed. 

Mr.  Sheats  gave  notice  that  he  would  on  to-morrow  move  a 
reconsideration  of  the  vote  by  which  Section  11,  Article  lY, 
was  passed. 

Mr.  Carter  was  excused  until  Tuesday. 

Messrs.  Parkhill,  Morgan,  Gibbs,  Miller,  Chandler,  Goss, 
Herndon,  Lewis  and  Petty  were  excused  until  Monday. 

Upon  motion  of  Mr,  Baker,  the  Convention  adjourned  until 
9  o'clock  A.  M.  to-morrow. 


SIXTEENTH  DAY. 


SATURDAY,  June  27,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 


155 


Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carr,  Carson,  Challen,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gillis, 
Goodbread,  Goss,  Green,  Hatch,  Hendley,  Henderson,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Miller,  Milton,  Mitchell,  McCaskill,  McClellan,  Neel,  Odom, 
Oliveros,  Orman,  Parker,  Parsons,  Paterson,  Pelot,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 84 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Hatch  moved  that  the  reading  of  the  Journal  be 
dispensed  with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  so  as  to  show  that  Messrs.  Lewis 
and  Petty  were  excused  on  yesterday  until  Tuesday. 
The  Journal  was  otherwise  corrected  and  approved. 
Mr.  Hicks  offered  the  following  resolution: 

Whereas,  In  so  important  a  matter  as  the  one  now  before 
us — the  revision  of  the  entire  Constitution — it  is  desirable 
that  every  member  of  this  body  should  put  himself  upon  record 
in  regard  to  the  same,  that  his  constituents,  and  the  whole 
iState,  may  know  the  individual  views  of  the  members  ;  there- 
fore, be  it 

Resolved^  That  every  member  of  this  house,  from  the  Presi- 
dent down,  shall  vote  when  his  name  is  called,  if  in  his  seat, 
unless  excused  therefrom  by  a  vote  of  the  house ; 

Which  was  read. 

Mr.  Milton  moved  that  the  rules  be  waived  and  the  resolu- 
tion be  immediately  considered; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  resolution. 
Mr.  Sheats  moved  to  strike  out  so  much  of  the  resolution  as 
relates  to  the  President. 

Mr.  Rogers  moved  to  lay  the  resolution  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Johnston  offered  the  following  resolution,  and  moved 
that  rules  be  waived  for  the  immediate  consideration  of  the 
resolution : 


156 


Resolved^  That  after  to-da}^  the  sessions  of  this  Convention 
be  from  9  A.  M.  to  1  P.  M.,  and  from  8  P.  M.  until  10  P.  M. 

The  question  was  upon  the  suspension  of  the  rules  ; 

Which  was  not  agreed  to,  and  the  resolution  was  laid  over 
under  the  rule. 

Mr.  Hope  offered  the  following  resolution  : 

jResolved,  That  after  Tuesday  30th,  no  new  matter  shall  be 
received  in  this  Convention  that  has  to  be  referred  to  any  of 
the  standing  committees  ; 

Which  was  laid  over  under  the  rule. 

The  roll  of  counties  being  called,  the  following  ordinances 
and  articles  were  introduced,  read  and  referred  to  appro- 
priate committees  : 

By  xMr.  Wall,  Article  No.  56  :  Providing  for  corporal  pun- 
ishment in  certain  cases  ; 

Which  was  referred  to  Committee  on  Miscellaneous  Pro- 
visions. 

Mr.  Milton,  Chairman  on  Preamble  and  Bill  of  Rights,  made 
the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  27,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Preambe  and  Bill  of  Rights,  to 
whom  was  referred — 

Article  LIY,  introduced  by  Mr.  Hicks,  of  Franklin,  in  ref- 
ference  to  Ministers  of  the  Gospel  not  beina:  eligible  to  a 
seat  in  either  branch  of  the  Legislature,  would  respectfully 
state  that  the}^  are  in  favor  of  the  Article,  but  it  is  a  matter 
which  properly  belongs  to  the  Committee  on  Legislative  De- 
partment, and  ask  that  it  be  submitted  to  said  committee  for 
consideration. 

Respectfully  submitted, 

W.  H.  Milton,  Chairman. 

Which  was  received  and  the  matter  alluded  to  referred  as 
suggested. 

Mr.  Bethel,  Chairman  of  the  Committee  on  Legislative  De- 
partment, made  the  following  report : 

Convention  Hall,  > 
Tallahassee,  Fla.,  June  27,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Legislative  Department,  to  whom 
was  referred  back  for  further  report  Section  six  (6)  of  Article 


157 


four  (IV),  heretofore  reported  to  the  Convention  by  this  com- 
mittee, beg  leave  to  report  that  the}'  have  duly  reconsidered 
the  same  in  the  light  of  the  various  amendments  offered  and 
discussed  in  Convention,  and  now  beg  leave  to  recommend  to 
the  Convention  the  adoption  of  the  following  in  lieu  of  the  said 
section  heretofore  reported  by  this  committee,  viz  : 

Sec.  6.  Each  House  shall  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  choose  its  own  officers* 
and  determine  the  rules  of  its  proceedings.  The  Senate  shall, 
at  the  convening  of  each  regular  session  thereof,  choose  from 
among  its  own  members  a  permanent  President  of  the  Senate, 
who  shall  be  its  presiding  officer.  The  AssembU^  shall,  at  the 
convening  of  each  regular  session  thereof,  choose  from  among 
its  own  members  a  permanent  Speaker  of  the  House  of  Repre- 
sentatives, who  shall  be  its  presiding  officer.  Each  House  may 
punish  its  own  members  for  disorderly  conduct ;  and  each 
House,  with  the  concurrence  of  two-thirds  of  all  of  its  mem- 
bers present,  may  expel  a  member. 

Your  committee  would  further  recommend  to  the  Conven- 
tion as  being  closely  germane  to  the  subject  of  the  foregoing 
section,  and  in  order  that  the  Constitution  may  be  consistent 
throughout  one  part  with  another,  that  the  following  amend- 
ment to  Section  three  (3)  of  Article  five  (Y),  (Executive  De- 
partment) should  be  adopted,  viz  : 

At  the  end  of  Section  3  of  Article  Y  add  the  following : 

Provided^  That  these  limitations  of  time  shall  not  apply  to 
the  President  of  the  Senate  or  Speaker  of  the  House  of  Repre- 
sentatives when,  under  this  Constitution,  the  powers  and  du- 
ties of  Governor  shall  devolve  upon  them." 

Your  committee  would  further  recommend  the  adoption  of 
additional  section  offered  b}^  J.  C.  Pelot. 

Yery  respectfulh', 

L.  W.  Bethel, 
Chairman  of  Committee. 

Which  was  received,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Also  the  following  minorit}^  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  27,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  committee  to  whom  was  referred  for  further  con- 
sideration. Section  6  of  Article  lY,  beg  leave  to  submit  a  mi- 
nority report,  and  recommend  the  adoption  of  the  following 
section : 


158 


Section  6.  Each  House  shall  judge  of  the  qualifications, 
elections  and  returns  of  its  own  members,  choose  its  own 
officers  and  determine  the  rules  of  its  proceedings.  The  As- 
st  mbly  shall,  at  the  convening  of  each  regular  session  thereof, 
choose  from  among  its  own  members  a  permanent  Speaker  of 
the  House  of  Representatives,  who  shall  be  its  presiding 
officer.  Each  House  may  punish  its  own  members  for  dis- 
orderly conduct,  and  each  House,  with  the  concurrence  of  two- 
thirds  of  all  of  its  members  present,  may  expel  a  member. 

The  minority  report  further  recommends  that  Article  Five 
(5)  be  reconsidered  for  the  purpose  of  incorporating  therein  a 
provision  for  the  office  of  Lieutenant-Governor,  who  shall  be 
President  of  the  Senate.  Respectfully, 

H.  H.  Duncan. 

Which  was  read  and  placed  among  the  orders  of  the  day. 
Mr.  Oliveros,  Chairman  of  the  Committee  on  Enrollment 
and  Engrossment  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  Juae  2T,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 
Sir  :  Your  Committee  on  Engrossment  and  Enrollment,  to 
whom  was  referred — 

Article  No.  Y,  beg  to  report  that  they  have  carefully  com- 
pared the  same  and  find  it  properly  engrossed. 

Yery  respectfully, 

B.  F.  Oliveros,  Chairman. 
Samuel  E.  Hope, 
H.  H.  Duncan,  Committee. 
Which  was   received  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Mr.  Wylly,  Chairman  of  Committee  on  Public  Health,  made 
the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  27,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 
Sir  :  Your  Committee  on  Public  Health,  to  whom  was  re- 
ferred all  questions  relating  to  this  and  kindred  subjects,  beg 
leave  to  report  as  follows  : 

ARTICLE  —  . 

PUBLIC  HEALTH. 

Section  1.  The  Legislature  shall  incorporate  a  Florida  State 
Medical  Association  with  the  powers  usually  conferred  upon 
such  bodies. 


159 


Sec.  2.  The  Legislature  shall  establish  a  State  Board  of 
Health.  There  shall  be  five  members  thereof,  of  whom  three 
shall  be  physicians  and  members  of  the  State  Medical  Associa- 
tion. They  shall  be  appointed  by  the  Governor  with  the  con- 
sent of  the  Senate  and  shall  hold  office  as  follows  :  Two  phy- 
sicians and  one  civilian  shall  be  appointed  for  four  years  after 
the  adoption  of  this  Constitution,  and  one  physician  anc^  one 
civilian  to  be  appointed  at  the  same  time  for  two  years,  and  all 
succeeding  appointments  shall  be  appointed  for  four  years. 

^>EC.  3.  The  State  Board  of  Health  shall  have  supervision  of 
all  matters  relating  to  public  health,  vital  statistics,  quaran- 
tine, the  examination  of  persons  desiring  to  practice  medicine 
in  this  State,  to  the  extent  and  in  the  manner  provided  by 
law. 

Sec.  4.  The  Legislature  shall  establish  County  Boards  of 
Health  in  counties  where  it  may  be  deemed  necessary.  They 
shall  have  such  powers,  and  be  under  the  supervision  of  the 
State  Board  of  Health  to  such  an  extent  as  the  Legislature  may 
provide. 

Sec.  5.  The  Legislature  shall  provide  for  the  maintenance  of 
such  State  Board  and  County  Boards  of  Health. 

Yery  respectfully, 

King  Wylly, 
Chairman  Committee. 

Which  was  received,  and  the  accompanying  papers  laid  over 
until  Monday. 

Article  X,  on  Public  Institutions,  was  read  the  first  time  by 
its  title,  and  passed  for  a  second  reading  on  Monda}'. 

Article  VI,  on  Homestead  Exemptions,  was  read  the  first 
time  by  its  title  and  passed  for  a  second  reading  on  Monday. 

Article  VII,  on  Married  Women's  Property,  was  read  the 
first  time  by  its  title,  and  passed  for  a  second  reading  on 
Monday. 

The  consideration  of  Article  IV  was  resumed. 

Mr.  Maxwell  moved  to  reconsider  the  vote  by  which  section 
5  was  amended  and  passed  on  yesterday. 

The  question  was  upon  the  reconsideration  of  the  section  as 
amended  and  passed. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bethel, 
Blackburn,  Blount,  Broome,  Campbell,  Clarke  of  Jelferson, 
Cook,  Davidson,  Davis,  Duncan,  Edge,  Fogarty,  Fowler, 
Gillis,  Goodbread,  Goss,  Henderson,  Hocker,  Hope,  Hum- 
phries, Johnston,  Jones,  Landrum,  Lesle}^  Love,  Ma- 
lone,     Mann,     Marshall,   Maxwell,     Miller,    Milton,  Mc- 


160 


Caskill,  McClellan,  Oliveros,  Orman,  Parker,  Parsons, 
Paterson,  Pelot,  Randall  of  Duval,  Scolt,  Speer,  Taylor, 
Tedder,  Turnbull,  Wadsworth,  Walter,  Wellman,  Westcott, 
Whitmire,  Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge 
—55. 

Nays — Messrs.  Bell  of  Hamilton,  Bennett,  Bush,  Carr,  Car- 
son, Challen.  Clark  of  Jackson,  Coker,  Conover,  Earle,  Geno- 
var.  Green,  Hargret,  Hatch,  Hendley,  Hicks,  Hunter,  Ives  Lut- 
terloh,  Mitchell,  Neel,  Odom,  Randolph,  Richard,  Rogers,  San- 
chez, Sheats,  Stone,  Swearingen,  Thompson,  Tolbert,  Walker, 
Jr.  Wall,  Weeks,  Wilson  uf  Clay  and  Zipperer  — 3t. 

So  the  motion  to  reconsider  was  agreed  to. 

The  Section  was  declared  open  for  amendment. 

Mr.  Earle  asked  leave  to  withdraw  the  amendment  offered 
by  him  on  yesterday  ; 

Which  was  granted,  and  the  amendment  was  withdrawn. 

Mr.  Randolph  offered  the  following  amendment : 

Strike  out  "  and  mileage  to  and  from  their  homes  to  the  seat 
of  government  "  so  as  to  read  "  from  their  homes  to  the  seat 
of  government  and  return." 

Mr.  Mann  offered  to  amend  the  amendment  as  follows  : 

Strike  out    mileage  "  and  insert  "  expense  actually  paid." 

Mr.  McClellan  moved  to  lay  the  amendment  to  the  amend, 
ment  on  the  table  ; 

Which  was  agreed  to. 

The  question  was  on  the  amendment  offered  by  Mr.  Mann  ; 
Which  was  not  agreed  to. 

Mr.  McClellan  offered  the  following  amendment : 
Add  to  the  section     by  the  nearest  and  most  practicable 
route ;" 

Which  was  agreed  to. 

Mr.  Conover  offered  the  following  amendment : 

Amend  by  inserting  "  20  cents  a  mile  one  way;" 

Which  was  not  agreed  to. 

Mr.  Bush  offere'l  the  following  amendment : 

Amend  by  adding  after  fourth  line  :  ^^Promded^  That  the 
Legislature  shall  have  power  to  expel  any  member  using  a  free 
pass  on  any  railroad  or  canal,  or  other  public  transportation 
line  in  this  State  ;" 

Which  was  read. 

Mr.  Parsons  offered  the  following : 
Same  mileage  as  received  by  the  members  of  the  Conven- 
tion." 

Mr.  Love  moved  that  Section  5,  as  reported  by  the  commit- 
tee and  amended,  be  adopted,  and  moved  the  previous  ques- 
tion. 


161 


The  question  was,  Shall  the  previous  question  be  now  put  ? 
Which  was  agreed  to,  and  the  previous  question  was  or- 
dered. 

The  question  was  upon  the  adoption  ot  Section  5,  as 
amended  ; 

Which  was  agreed  to,  and  Section  5,  as  amended,  was  passed. 

Section  6  was  read,  as  reported  by  the  Committee  on  Legis- 
lative Department  this  morning. 

Upon  motion  of  Mr.  Baker,  the  further  consideration  of  Sec- 
tion 6  was  informally  passed  for  the  purpose  of  giving  the  mi- 
nority of  the  committee  time  to  amend  their  rep  )rt. 

Additional  Section  — as  offered  by  Mr.  Pelot  on  yesterday, 
was  read,  as  follows  : 

No  person  holding  a  lucrative  office  or  appointment  under 
the  United  States,  or  of  this  State,  shall  be  eligible  to  a  seat 
in  the  General  Assembly  of  this  State. 

Mr.  Malone  offered  to  amend  by  striking  out  the  word  ^'  lu- 
crative ;" 

Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  sdditional  sec- 
tion as  read ; 

Which  was  agreed  to,  and  the  section  was  passed. 
Section  16  was  read,  and  passed  without  amendment. 
Section  It  was  read. 

Mr.  Marshall  offered  the  following  amendment : 
Amend  Article  IV,  section  H,  as  follows:  Strikeout  in 
line  three  the  words  "  except  municipal  officers  "  and  insert, 
"  except  those  of  towns  and  cities  of  more  than  two  thousand 
inhabitants;"  also,  in  line  four,  strike  out  the  words  "  except 
municipal  courts  ;"  also,  add  to  the  section  at  the  end  there- 
of the  following:  "exempting  property  from  taxation  ;  giving 
effect  to  informal  or  invalid  deeds  or  wills ;  for  incorporating 
railroads  or  other  internal  improvement  companies." 

Mr.  Baker  moved  the  division  of  the  amendment  into  clauses  \ 
Which  was  agreed  to,  and  the  first  clause  was  read. 
Mr.  Baker  offered  the  following  amendment  to  the  first 
clause  : 

Strike  out  in  Section  IT,  line  three,  "except  municipal 
officers :" 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to 

Mr.  Bush  offered  to  amend  the  first  clause  as  follows : 
Strike  out  "towns  and  cities  of  more  than  2,000  inhabi- 
tants ;" 

Which  was  not  agreed  to. 

11 


162 


Mr.  McClellan  moved  to  lay  the  amendment  offered  by  Mr 
-Marshall  on  the  table  ; 
Which  was  agreed  to. 

The  second  clause  of  the  amendment  was  read,  and,  upon 
tmotion,  the  clause  was  laid  on  the  table. 

The  third  clause  was  read,  and,  upon  motion,  the  clause  was 
Raid  on  the  table. 

The  fourth  clause  of  the  amendmeut  was  read  as  follows  : 

"Giving  effect  to  informal  and  invalid  deeds  or  wills." 

Mr.  McClellan  moved  its  adoption; 

Which  was  agreed  to. 

The  fifth  clause  was  read,  and,  upon  motion,  the  clause  was 
laid  on  the  table. 

Mr.  McClellan  offered  the  following  amendment: 

In  line  10  after  the  words  "  minors  "  strike  out  "  or  others,'' 
and  insert  ''estates  of  descendants  and  of;" 

Which  was  adopted. 

Mr.  Yonge  offered  the  following  amendment  : 

In  lines  5  and  6  by  striking  out  the  following:  "  Town  plats, 
streets,  alle\s  and  public  squares;" 

Which  was  read  and  adopted. 

Mr.  Blount  offered  the  following  amendment: 

Add  at  the  end  of  Section  17  the  words  ''legitimating  ille- 
giiimate  children,  providing  for  the  adoption  of  children  and 
relieving  minors  from  legal  disabilities." 

Mr.  Rogers  moved  to  amend  the  amendment  by  adding  the 
words  "  and  for  the  establishment  of  ferries  ;" 

Which  was  agreed  to,  and  the  amendment  as  amended  was 
adopted. 

Mr.  Campbell  offered  the  following  amendment: 
Or  relieving  persons  from  the  payment  of  judgments  prop- 
erlv  recovered  in  the  courts  of  the  country  ; 
Which  was  not  agreed  to. 
Section  17,  as  amended,  was  then  passed. 
Section  18  was  read. 

Mr.  Marshall  offered  the  following  amendment : 
Provided^  That  no  local  or  special  bill  shall  be  passed,  un- 
less notice  of  the  intention  to  apply  therefor  shall  have  been 
published  in  the  locality  where  the  matter  or  thing  to  be 
affected  may  be  situated,  which  notice  shall  state  the  substance 
of  the  contemplated  law,  and  shall  be  published  at  least  sixty 
days  prior  to  the  introduction  into  the  Legislature  of  such  bill, 
and  in  the  manner  to  be  provided  by  law.  The  evidence  of 
such  notice  having  been  published  shall  be  established  in  the 
Legislature  before  such  act  shall  be  passed  ; 


,163 


Which  wa3  adopted,  and  section  18,  amended,  was 
passed. 

Section  19  was  read  and  passed  without  amendment. 
Section  20  was  read. 

Mr.  Johnston  offered  the  following  amendment  : 
Amend  Article  IV,  Section  20,  by  inserting  after  the  word 
lotteries,"  '"and  the  sale  of  lottery  tickets." 
The  motion  was  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

Mr.  Walker  moved  to  strike  out  the  entire  s3ction. 
Mr.  Bell  offered  the  following  substitute  for  the  section  : 
'•That  the  L2gislature,  b}'  a  two-thirds  vote,  to  be  approved 
by  a  majorit}'  vote  of  the  entire  vote  of  the  qualified  electors 
of  the  State,  may  grant  a  corporate  franchise  for  any  lottery 
or  lotteries;  Provided,  That  20  percent,  of  their  net  earnings 
be  applied  to  the  common  school  fund,  and  for  charitable  pur- 
poses." 

The  question  was  on  the  amendment  offered  by  Mr.  Joh:\- 
ston. 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  substitute  offered  bv  Mr. 
Bell. 

Mr.  Fowler  moved  to  la}^  the  substitute  on  the  table  ; 

Which  was  agreed  to. 

The  section  was  then  passed. 

Mr.  Orman  offered  the  following  additional  section: 

The  Legislature  shall  prohibit  b}^  law  the  granting  of  free 
passes  by  an}-  railroad  or  transportation  company  to  Siny  oiVi- 
cer  of  this  State,  legislative,  executive  or  judicial. 

Mr.  Campbell  offered  the  following  substitute  : 

No  judicial,  executive  or  administrative  officer  of  this  State 
shall  accept  free  of  charge  transportation  from  any  corpora- 
tion, person  or  persons  engiged  in  the  business  of  public  car- 
riers, nor  shall  members  of  the  Legislature  receive  any  trans- 
portation, free  of  charge,  from  any  persons  or  corporations  en- 
gaged in  the  business  of  public  carriers,  and  the  Legislature 
shall  provide  a  penalty  to  be  imposed  upon  any  of  said  officers 
or  members  who  shall  accept  such  transportation. 

Mr.  Walter  moved  to  la}^  both  the  additional  section  and 
the  substitute  on  the  table. 

The  yeas  and  naj's  were  called  for. 

The  vote  w^as  : 

Yeas — Messrs.  Baker,  Conover,  Havidson,  Duncan,  Hatch, 
Hope,  Humphries,  Ives,  Lesley,  Mann,  Maxwell,  McClellan^ 
Oliveros,  Paterson,  W^alker,  Jr.,  Walter,  Wellman  and  Wilson 
of  Polk  and  Manatee — 18. 


164 


Nays — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton^ 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell^ 
Carr,  Carson,  Challen,  Clark  of  Jefferson,  Clark  of  Jackson, 
Cook,  Davis,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gillis, 
Goodbread,  Green,  Hargret,  Hendley,  Henderson,  Hicks, 
Hocker,  Hunter,  Jones,  Landrum,  Love,  Lutterloh,  Malone, 
Marshall,  Mitchell,  McCaskill,  Neel,  Odom,  Orman,  Parker, 
Pelot,  Randall  of  Duval,  Randolph,  Richard,  Rogers,  Rowe, 
Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Ted- 
der, Tolbert,  Turnbull,  Wadsworth,  Wall,  Weeks,  Whitmire, 
Wilson  of  Clay,  Wylly,  Yonge  and  Zipperer — 64. 

So  the  motion  to  lay  on  the  table  was  not  agreed  to. 

Mr.  Turnbull  moved  that  the  Convention  do  now  adjourn 
until  M(tnday ; 

Which  was  not  agreed  to. 

Messrs.  Broome  and  Johnston  were  excused  until  Monday. 
Mr.  Blount  was  indefinitely  excused  on  account  of  sickness 
in  his  family. 

Mr.  Milton  was  excused  until  Tuesday. 

Messenger  Myers  was  also  excused  on  account  of  sickness. 

The  question  was  upon  the  adoption  of  the  substitute  offered 
by  Mr.  Campbell. 

Mr.  Baker  offered  the  following  amendment  to  the  substi- 
tute : 

Nor  shall  they  dine,  sleep,  smoke  or  drink  with  any  mem- 
ber, ofhcer,  conductor  or  brakeman  of  any  corporation,  nor 
shall  the}^  talk  with  any  of  the  members  or  representatives  of 
a  corporation,  except  in  the  presence  of  witnesses  ;" 

Which,  witli  the  substitute,  was  laid  upon  the  table. 

Pending  discussion,  Mr.  Walker  moved  that  the  Conven- 
tion do  now  adjourn ; 

Which  was  agreed  to,  and  the  Convention  was  adjourned 
until  10  o'clock  A.  M.  Monda}^ 


SEVENTEENTH  DAY. 


MONDAY,  June  29,  1S85. 

\  The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  cilled  the  following  delegates  answered  to 
their  namjs  : 


165 


Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Bush,  Campbell, 
Carter,  Carson,  Challen,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Coker,  Corover,  Cook,  Davidson,  Davis,  Duncan,  Earle, 
Edge,  Fogartv,  Fowler,  Genovar,  Gillis.  Goodbread,  G-reen, 
Hargret,  Hatch,  Hausman,  Hendlej^,  Henderson,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Jones,  Landrum, 
Lesle}',  Love,  Lutterloh,  Mann.  Marshall,  Maxwell,  Mitchell, 
Morgan,  ]McCaskill,  McClellan,  Xeel,  Odom,  Oliveros,  Orman. 
Parker.  Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval. 
Randell  of  Madison,  Randolph,  Richard,  Robertson,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearino;en,  Tay- 
lor, Tedder,  Thompson,  Tolbert,  Turnbuli,  Wadsworth,  Wall. 
Walter,  Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of 
Claj^,  Wilson  of  Polk  and  Manatee,  Wyll}-,  Yonge  and  Zip- 
perer — 90. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

vlr.  Challen  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

A  petition  from  Messrs.  Ferguson  and  others  of  Waldo,  on 
the  subject  of  temperance,  a  local  option  law,  and  a  constitu- 
tional basis  for  such  law,  was  introduced: 

Which  was  referred  to  Committee  on  Temperance. 

The  resolution  of  Mr.  Johnston,  introduced  on  S  iturday,  to 
have  two  sessions  each  day,  came  up  for  consideration. 

Mr.  Baker  moved  to  la}^  the  resolution  on  the  table  ; 

^A'hich  was  withdrawn. 

Mr.  Oliveros  moved  that  the  resolution  be  adopted. 
Mr.  McCaskill  moved  to  amend  by  striking  out  "  8  P.  M.  " 
and  insert  "  5  P.  M.  "  in  lieu  thereof: 
Which  was  withdrawn. 
Mr.  Parsons  offered  as  a  substitute : 

''That  after  to-day  the  regular  hours  for  the  meetings  of  the 
Convention  will  be  8  a.  m.  each  day 

Which  was  agreed  to  and  the  substitute  was  adopted. 
Mr.  Hope  offered  the  following  resolution : 

Resolved.  That  after  Tuesday,  30th,  no  new  matter  shall  be 
receive«(  in  this  Convention  that  has  to  be  referred  to  any  of 
the  Standing  Committees. 

Mr.  Oliveros  olfered  to  amend  by  strikino-  out  the  word 
"  30th  "  and  insert  "  Tuesday,  Tth  of  July 

Which  was  accepted. 


166 


The  question  was  upon  the  adoption  of  the  resolution  as 
amended  ; 

Which  was  not  agreed  to. 

The  roll  of  counties  being  called  the  following  Ordinances 
and  Resolutions  were  introduced,  read  and  referred  to  appro- 
priate committees  : 

By  Mr.  Yonge,  Article  No.  57  :  Defining  State  Boundaries  \ 
Which  was  referred  to  Committee  on  Miscellaneous  Pro- 
visions. 

By  Mr.  Yonge,  Article  Xo.  58  :  Relating  to  the  seat  of  gov- 
ernment ; 

Which  was  referred  to  Committee  on  Miscellaneous  Provis- 
ions. 

By  Mr.  Wilson,  Article  No.  59  :  Relating  to  the  form  ition 
of  new  counties,  &c.  ; 

Which  was  referred  to  Committee  on  County  and  City  Or- 
ganization. 

By  Mr.  Bennett,  Article  No.  60:  To  Provide  for  office  of 
Lieutenant-Governor ; 

Which  was  referred  to  Committee  on  Executive  and  Admin- 
istrative Department. 

By  Mr.  Thompson,  Article  No.  61  :  Relating  to  establish- 
ment and  maintenance  of  Universities  for  persons  of  color. 

Which  was  referred  to  Committee  on  Public  Institutions. 

By  Mr.  Blackburn,  Resolution  No.  147 :  Fixing  per-diem  of 
members ; 

Which  was  referred  to  Committee  on  Expenditures. 

By  Mr.  Davis,  Resolution  No.  148  :  Relative  to  transporta- 
tion companies  granting  free  passes; 

Which  was  referred  to  Committee  on  Private  corpora- 
lions. 

The  roll  of  Standing  Committees  was  called  and  tlie  follow- 
ing committees  made  the  following  reports  : 

Mr.  McCaskill,  Chairman  of  the  Committee  on  Taxation  and 
Finance,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  29,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Taxation  and  Finance  to  whom 
was  referred — 

Resolutions  Nos.  142,35,  17,  24,  105,  69.  42,  40  and  116, 
have  examined  the  same,  and  would  report  them  back  to  the 
Convention  without  recommendation.  We  would  also  recom- 
mend that  resolutions  Nos.  29  and  115  be  properl}^  referred  by 
the  Convention.    We  would  also  beg  leave  to  respectfully  sub- 


167 


mit  the  inclosed  ('Article  XII)  as  the  final  report  of  the  com- 
mittee, ^'ery  respectfully, 

A.  L.  McCasktll,  Chairman. 

Which  was  received  and  the  accompanj-ing  papers  ])laced 
among  the  orders  of  the  d^}'. 

Mr.  Yonge,  Chairman  of  the  Committee  on  Count}',  Town- 
ship and  City  Organization,  made  the  following  report : 

CoNVEXTiON  Hall,  Tallahassee,  Fla  ,  June  29.  1885, 

Hon.  ^Samuel  Pasco, 

President  of  the  Conxention  : 

Sir:  Your  Committee  on  County,  Township  and  City  Or- 
ganization, to  whom  was  referred  all  matters  pertaining  to 
the  subject  indicated,  beg  leave  to  report  that  they  have  given 
the  same  careful  consideration,  and  in  connection  therewith 
have  examined  the  Ordinances  and  Resolutions  enumerated 
herein,  all  of  which  are  returned  with  accompanying  sugges- 
tions. Resolution  No.  18,  providing  for  the  recognition  in 
the  new  Constitution  of  the  counties  of  the  State  as  they  now 
exist  as  legal  divisions  of  the  State,  introduced  by  Mr.  Lesley, 
of  Hillsborough.  3'our  committee  have  embodied  in  the  second 
Article  submitted  herewith.  Your  committee  have  also  had 
under  consideration  Resolution  Xo.  IT,  on  the  subject  of  form- 
ing new  counties,  introduced  by  Mr.  Lesley,  of  Hillsborough  ; 
also.  Resolution  Xo.  80,  on  the  same  subject  introduced  b}' 
Mr.  Hicks,  of  Franklin  ;  also.  Resolution  Xo.  119,  on  the  same 
subject,  introduced  by  Mr.  Parker,  of  Brevard,  and  have  em- 
bodied their  suggestions  and  recommendations  upon 
this  subject  in  Section  3,  of  Article  herewith  submitted. 
Your  committee  have  also  had  under  consideration 
Resolution  Xo.  18,  on  the  subject  of  removal  <if  county  seats, 
introduced  by  Mr.  Lesley,  of  Hillsborough,  and  have  embodied 
thfcir  recommendations  upon  the  subject  in  Section  4  of  Article 
herewith  submitted.  Your  committee  have  had  under 
consideration  also,  Resolution  Xo.  46.  on  the  subject  of 
the  division  of  counties,  introduced  by  Mr.  Mann,  of  Her- 
nando, and  Resolution  Xo.  92.  on  the  same  subject,  introduced 
by  Mr.  Wall,  of  Hillsborough  ;  also  Resolution  Xo.  75,  on  the 
subject  of  providing  Assessors  of  Taxes  for  each  county  pre- 
cinct, introduced  b}'  Mr.  Wylly,  of  Orange,  and  have  embodied 
their  recommendations  upon  the  subject  in  Section  6  of  Arti- 
cle herewith  submitted.  Your  committee  have  had  also  under 
consideration  Resolution  Xo.  128.  on  the  subject  of  bonds  of 
county  officers,  introduced  by  Mr.  Hausman.  of  Madison,  and 
have  submitted  their  recommendations  on  this  subject  in  Section 


168 


6  of  Article  herewith  submitted.  Your  committee  have  also 
had  under  consideration  Resolution  No.  114,  relating 
to  the  election  of  County  Commissioners  by  dis- 
tricts, introduced  by  Mr.  Wellmau,  of  Yolusia ; 
also.  Resolution  No.  126,  relating  to  the  appointment  of  Coun- 
t}'-  Commissioners,  introduced  by  Mr.  Randell,  of  Madison  ; 
also.  Ordinance  No.  42,  being  an  ordinance  to  secure  minorit}^ 
representation  on  Boards  of  County  Commissioners,  by  Mr. 
Broome,  of  Yolusia  ;  also.  Ordinance  No.  114,  being  an  ordi- 
nance in  relation  to  the  eligibility,  election  and  term  of  office 
of  Sheriffs,  by  Mr.  Marshall,  of  Levy,  and  Ordinance  No.  31, 
relating  to  the  election  of  officers  in  each  county,  (the  name  of 
introducer  not  given,)  and  have  embodied  their  recommenda- 
tions upon  the  subjects  contained  in  section  6  of  Article  here- 
with submitted. 

Your  committee  further  recommend  that  Article  YIII,  here- 
with presented,  entitled  "  Counties  and  Cities,"  be  adopted 
as  a  substitute  for  the  various  propositions  contained  in  the 
several  resolutions,  ordinances  and  articles  to  them  referred. 
Yevy  respectfully, 

J.  E.  YoNGE,  Chairman 
Committee  on  County,  Township  and  City  Organization. 

ARTICLE  YIII. 

COUNTIES  AND  CITIES. 

Section  I.  The  State  shall  be  divided  into  political  divisions 
to  be  called  counties. 

Sec.  2.  The  several  counties  of  the  State,  as  they  now  exist, 
are  hereb}^  recognized  as  the  legal  political  divisions  of  the 
State. 

Sec.  3.  The  Legislature  shall  have  the  power  to  and  shall 
establish  new  counties  and  change  county  lines  in  every  case 
in  which  two-thirds  of  the  electors  of  any  county  or  counties 
affected  voting  upon  the  proposition  at  a  general  election  shall 
have  voted  therefor.  No  new  county  shall  be  established 
containing  an  area  of  less  than  six  hundred  square  miles,  nor 
shall  any  county  be.reduced  to  an  area  of  less  than  six  hundred 
square  miles.  No  line  of  a  newly  established  county  or 
changed  line  of  an  existing  county  shall  run  within  less  than 
ten  miles  of  the  countj^  seat.  Ever}^  newly  established  county 
shall  be  held  liable  for  its  proportion  of  the  then  existing  lia- 
bilities of  the  county  or  counties  from  which  it  shall  be  formed, 
rated  upon  the  basis  of  the  assessed  value  of  the  property,  both 
real  and  personal,  subject  to  taxation  within  the  territory, 
taken  from  county  or  counties,  and  ever}-  county  acquiring  ad- 


169 


ditional  territory  from  another  county-  shall  be  held  liable  for 
its  proportion  of  the  liabilities  of  such  other  county  existing  at 
the  time  of  such  acquisition,  to  be  rated  upon  the  basis  of  the 
assessed  value  of  all  propert}'  subject  to  taxation  within  such 
acquired  territory. 

Sec.  4.  The  Legislature  shall  have  no  power  to  remove  the 
county  seat  of  any  count}'',  but  shall  provide  by  general  law 
for  the  removal  of  county  seats  in  all  cases  in  which  two-thirds 
of  the  qualified  electors  of  an}^  count}^  voting  upon  the  propo- 
sition at  a  general  election  shall  vote  therefor ;  but  no  such 
proposition  shall  be  submitted  oftoner  than  once  in  eight  years. 

Sec.  5.  The  Legislature  shall  provide  for  the  electi'^n,  b}' 
the  qualified  electors  in  each  county,  of  the  following  county 
officers  :  One  Clerk  of  the  Circuit  Court,  one  Sherift',  such 
number  of  Constables  as  ma}^  be  fixed  b}'  law,  provided  no 
county  shall  have  more  than  ten  Constables,  five  County  Com- 
missioners, a  County  Assessor  of  Taxes,  a  Tax  Collector,  a 
County  Treasurer,  a  Superintendent  of  Public  Instruction,  a 
Board  of  Public  Instruction  to  consist  of  five  members,  and  a 
County  Survej'or.  The  term  of  office  of  all  count}"  officers 
shall  be  four  years  ;  their  powers,  duties  and  compensation 
aliall  be  prescribed  by  law. 

Sec.  6.  The  Ijegislature  shall  by  law  authorize  the  County 
Commissioners  of  the  several  counties  to  divide  their  respective 
counties  into  taxation  districts,  and  to  appoint  in  and  for  each 
district  an  assistant  assessor  of  taxes,  whose  powers,  duties 
and  compensation  shall  be  prescribed  by  law.  All  county 
officers,  except  assistant  tax  assessors  of  taxes  shall,  before  en- 
tering upon  the  duties  of  their  respective  offices,  be  commis- 
sioned by  the  Governor,  but  no  such  commission  shall  issue 
to  any  such  officer  until  he  shall  have  filed  with  the  Secretary 
of  State  a  good  and  sufficient  bond,  in  such  sum  and  upon  such 
conditions  as  the  Legislature  shall  by  law  prescribe,  approved 
by  the  County  Judge  of  the  county  in  which  such  officer  re- 
sides, and  by  the  Grovernor,  Comptroller  and  Attorney-C-eneral. 
No  county  officer  shall  become  surety  upon  the  official  bond 
of  any  other  county  officer.  If  any  person  elected  to  any 
county  office  shall  fail  to  give  bond  and  qualify  within  sixty 
days  after  his  said  election,  the  said  office  shall  become  vacant. 

Sec.  7.  The  Legislature  shall  have  power  to  establish  and  to 
abolish  municipalities,  to  provide  for  their  government,  to  pre- 
scribe their  jurisdiction  and  powers,  and  to  alter  or  amend  the 
same  at  any  time  ; 

Which  was  received,  and  the  Article  accompanying  was  or- 
dered printed  and  laid  over  until  to-morrow. 

Mr.  Randall,  of  Duval,  moved  that  the  resolution  oftered  by 


170 


Mr.  Broome,  alluded  to  in  the  report  of  the  Committee  on 
County,  Township  and  City  Organization,  be  printed  with  the 
Article  reported  by  them  ; 
Which  was  agreed  to. 

Article  — ,  on  public  health,  was  read  the  first  time  by  its 
title  and  placed  among  the  orders  of  the  day. 
The  consideration  of  Article  lY  was  resumed. 
Section  4  was  read. 

Mr.  Bush  offered  the  following  substitute  to  Section  4  : 

Senators  shall  be  chosen  for  the  term  of  four  years,  at  the 
same  time  and  places  as  members  of  the  Assembly  ;  Provided^ 
That  the  Senators  from  the  districts  designated  by  even  num- 
bers shall  be  elected  in  the  year  1886,  and  Senators  from  the 
odd  districts  shall  hold  their  terms  until  the  year  1888." 

The  question  was  upon  the  adoption  of  substitute  ; 

Which  was  agreed  to,  and  the  substitute  was  declared  ad- 
d  opted. 

Mr.  Conover  moved  that  the  wording  of  the  substitute  be 
changed  to  read  : 

Districts  designated  by  even  numbers  shall ;" 
Which  was  agreed  to. 

Mr.  McClellan  moved  to  reconsider  the  vote  by  which  the 
s'lbstitute  for  section  4  was  just  passed. 

The  question  was  upon  the  reconsideration. 

Mr.  Oliveros  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  not  agreed  to. 

The  question  was  again  upon  the  motion  to  reconsider  ; 
Which  was  agreed  to. 

Mr.  McClellan  moved  that  Section  4  be  recommitted  to  the 
Committee  on  Census  and  Apportionment. 

Mr.  Wilson,  of  Polk  and  Manatee,  moved  to  lay  the  motion 
to  recommit  on  the  table  ; 

Which  was  not  agreed  to,  and  the  section  was  recommitted 
to  said  committee. 

Mr.  Oliveros  moved  that  the  Committee  on  Census  and  Ap- 
portionment be  required  to  report  on  Section  4,  just  referred 
to  thsm,  within  three  days  ; 

Which  was  not  agreed  to. 

Mr.  TurnbuU  offered  the  following  additional  section  : 
Section  —  .  The  seat  of  a  member  of  either  House  shall 
be  vacated  on  his  permanent  change  of  residence  from  the  Dis- 
trict or  count}'  from  which  he  was  elected  ; 
Which  was  adopted. 

Section  6,  as  reported  by  the  majority  of  the  committee  on 
Saturday,  was  read. 


171 


Mr.  Duncan  offered  the  following  minority  report,  and  moved 
the  adoption  of  the  substitute  for  section  6  as  offered  by  the 
report : 

Convention  Hall,  Tallahassee,  Fla.,  June  27,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Con  vention : 

Sir  :  Your  committee  to  whom  was  referred  for  further  con- 
sideration Section  6  of  Article  IV,  beg  leave  to  submit  a 
minority  report,  and  recommend  the  adoption  of  the  following 
section  : 

Sec.  6.  Each  House  shall  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  choose  its  own  officers 
and  determine  the  rules  of  its  proceedings.  The  Assembly 
shall,  at  the  convening  of  each  regular  session  thereof,  choose 
from  among  its  own  members  a  permanent  Speaker  of  the  House 
of  Representatives,  who  shall  be  its  presiding  officer.  Each 
House  may  punish  its  own  members  for  disorderly  conduct, 
and  each  House,  with  the  concurrence  of  two-thirds  of  all  of  its 
members  present,  may  expel  a  member. 

The  minorit}^  report  further  recommends  that  Article  Y  (5  ) 
be  reconsidered  for  the  purpose  of  incorporating  therein  a  pro- 
vision for  the  office  of  Lieutenant-Grovernor,  who  shall  be 
President  of  the  Senate. 

Yerv  respectfullv, 

H.  H.  Duncan. 

The  question    was  upon  the  adoption  of  the  substitute  ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  Section  6  as 
reported  b}^  the  raajorit}^  of  the  committee  ; 

Which  was  agreed  to,  and  Section  G  was  passed,  as  reported 
by  the  majority  of  the  committee. 

Mr.  Baker  offered  to  following  additional  section  to  come 
in  immediately  after  Section  15. 

Every  bill  having  passed  both  Houses  shall  be  carefully 
enrolled,  and  shall  be  signed  by  the  presiding  officer  of  each 
House.  Any  presiding  officer  refusing  to  sign  a  bill  which 
shall  have  previously  passed  both  Houses,  shall  thereafter  be 
incapable  of  holding  a  seat  in  either  branch  of  the  Legislature, 
or  hold  any  office  of  honor  or  profit  in  the  State,  and  in  case 
of  such  refusal,  each  House  shall  by  rule  provide  the  manner 
in  which  each  bill  shall  be  properly  certified  for  presentation 
to  the  Governor. 

Mr.  Yonge  moved  to  lay  the  section  on  the  table  ; 

Which  wasagreed  to,  and  the  section  was  laid  upon  the  table. 


172 


The  additional  section  otfered  by  Mr.  Orman  on  Saturday, 
l^rohibiting  the  granting  of  free  passes  by  railroads  to  State 
officials,  came  up  for  consideration. 

By  request  of  the  Committee  on  Corporations,  Mr.  Orman 
withdrew  the  additional  section 

Mr,  Tolbert  offered  the  following,  resolution: 

The  Legislature  shall  have  power  to  establish  commissions 
with  power  to  regulate  the  charges  of  all  corporations  doing- 
business  in  this  State  ; 

Which  was  rei'erred  to  the  Committee  on  Private  Corpora- 
tions. 

Section  21  was  read. 

Mr.  Maxwell  offered  to  amend  as  follows  : 
Strike  out  all  after     government  "  in  line  two,  and  insert 
but  such  s^'Stem  shall  not  apply  in  cases  where  local  or  spe- 
cial laws  provided  by  the  Legislature  may  be  inconsistent 
therewith." 

The  question  was  upon  the  adoption  of  the  amendment ; 
Which  was  not  agreed  to. 

Section  21  was  then  passed  as  reported  from  the  commit- 
tee. 

Mr  Baker  offered  the  following  additional  section  : 
Section  - .  Two  or  more  members  of  either  House  shall 
have  liberty  to  dissent  and  protest  against  any  act  or  resolu- 
tion which  they  may  think  injurious  to  the  public,  or  to  any  in- 
dividual, and  have  the  reason  of  their  dissent  entered  on  the 
Journal. 

Mr.  McClellan  moved  to  hiy  the  section  on  the  table  ; 

Which  was  agreed  to  and,  the  additional  section  was  laid  on 
the  table. 

Section  22  was  read. 

Mr.  Walter  moved  to  amend  as  follows  : 

At  the  end  of  line  four,  in  section  22,  Article  lY,  add  "  Me- 
chanics and  Workingmen's  Associations,  Knights  of  Labor 
and  the  American  Legion  of  Honor 

Which  was  not  agreed  to. 

Mr.  Rogers  offered  the  following  amendment : 

Add  after  the  word  ^'  Masons,"  in  fourth  line,  the  words 
religious  and  other  charitable  institutions  ;" 

Which  was  agreed  to,  and  the  amendment  was  adopted. 

Mr.  Challen  offered  the  following  amendment: 

Strike  out  all  after  "  necessary  "  in  the  third  line  ; 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Conover  offered  the  following  amendment : 


178 


All  charters  heretofore  or  hereafter  gra.nted  shall  be  and  re- 
main in  fall  force  and  elfect  until  set  aside  or  annulled  by  the 
decree  of  a  court  of  coEQpetent  jurisdiction,  and  the  Legisla- 
ture shall  provide  by  law  for  the  forfeiture  of  all  charters  for 
non-user  or  for  a  violation  of  the  terras  of  such  charter  or 
charters. 

Mr.  McClellan  moved  that  the  amendment  be  referred  to  the 
Committee  on  Private  Corporations  ; 
Which  was  agreed  to. 
Section  22  was  then  passed  as  amended. 
Section  23  was  read. 

Mr.  Clarke,  of  Jefferson,  moved  to  strike  out  the  entire  sec- 
tion ; 

Which  was  agreed  to. 

Section  24  was  read  and  passed  without  amendment. 
Section  26  was  read. 

Mr.  Oliveros  moved  to  strike  out  the  entire  Section  ; 
Which  was  agreed  to. 
Section  27  was  read. 

Mr.  Randall,  of  Daval.  moved  to  strike  out  the  words  "  and 
compensation 

Which  was  not  agreed  to. 

Mr.  Tolbert  offered  th  -  following  amendment: 
Section  27,   in  first  and  second  lines  strike  out  after  the 
word  "  people    the  words    ''or  appointment  by   the  Gover- 
nor.'' 

Mr.  Turnbull  moved  to  lav  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

.Section  27  was  then  passed  as  read. 

Section  28  Avas  read  and  passed  without  amendment. 

Section  29  was  read. 

Mr.  Maxwell  moved  to  strike  out  the  last  sentence,  com- 
mencing after  the  words    to  law."  in  the  fourteenth  line  : 
Which  was  agreed  to. 

Mr.  Maxwell  moved  to  strike  out  the  words  members  of 
the  Cabinet,"  and  insert  in  lieu  thereof  the  words  adminis- 
trative officers  of  the  Executive  Department 

Which  was  agreed  to. 

Mr.  Mann  moved  the  following  amendment : 

Strike  out  "  present  "  in  line  5.  section  29. 

Mr.  McClellan  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Duncan  moved  to  amend  by  striking  out  all  the  words 
after  the  word  "  Justice,"  in  line  9,  and  before  the  words  ^'  the 
Governor  "  in  line  10  : 

Which  was  not  agreed  to. 


174 


Mr.  Challen  offered  to  amend  hy  inserting  the  words  "  Pre- 
siding officer  of  the  Senate,"  in  line  nine,  in  lieu  of  the  word 
Governor ;" 

Which  was  not  agreed  to. 
Section  29  was  then  passed  as  amended. 
Mr.  Baker  offered  the  following  additional  section  : 
Any  presiding  officer  refusing  to  sign  a  bill  after  it  has 
passed  both  houses  shall  bi;  guilty  of  felony. 

Mr.  McClellan  moved  to  lay  the  section  on  the  table  ; 
Which  was  agreed  to. 

Section  30  was  read  and  passed  without  amendment. 

Section  31  was  read  and  passed  without  amendment. 

Mr.  Conover  moved  to  reconsider  the  vote  by  which  the  ad- 
ditional section,  offered  by  Mr.  Peloton  Saturday,  for  the  pur- 
pose of  amendment ; 

Which  was  agreed  to,  and  the  section  was  amended  by  strik- 
ing out  the  words  ^'General  Assembly  "  and  inserting  the 
word  Legislature." 

The  section  was  then  passed  as  amended. 

Upon  motion,  Article  lY  was  ordered  engrossed,  as  amended, 
and  spread  upon  the  journal. 

ARTICLE  lY, 

LEGISLATIVE  DEPARTMENT. 

Sectiox  L  The  Legislative  authority  of  this  State  shall  be 
vested  in  a  Senate  and  Assembly,  which  shall  be  designated 
"  The  Legislature  of  the  State  of  Florida,"  and  the  sessions 
thereof  shall  be  held  at  the  seat  of  government  of  the  State. 

Sec.  2.  The  regular  sessions  of  the  Legislature  shall  be  held 
biennially,  commencing  on  the  first  Tuesday-  after  the  first. 
Monday  in  April,  A.  I).  1887,  and  on  the  corresponding  day 
of  every  second  year  thereafter,  but  the  Governor  may  con- 
vene the  same  in  extra  session  by  his  proclamation.  Regular 
sessions  of  the  Legislature  may  extend  to  sixt}^  days,  but  any 
special  session  convened  b}'  the  Governor  shall  not  exceed 
twenty  days. 

Sec.  3.  The  members  of  the  Assembly  shall  be  chosen  bien- 
nially', those  of  the  first  Legislature  on  the  first  Tuesday  after 
the  first  Monday  in  November,  A.  D.  1886,  and  thereafter  on 
the  corresponding  day  of  every  second  year. 

Sec.  4.  Senators  and  members  of  the  Assembly  shall  be  duly 
qualified  electors  in  the  respective  counties  and  districts  for 
which  they  were  chosen.  The  pay  of  members  of  the  Senate  and 
Assembly  shall  not  exceed  six  dollars  per  day  for  each  day  of 
session,  and  mileage  to  and  from  their   homes  to  the  seat  of 


175 


government,  not  to  exceed  ten  cents  per  mile  each  way,  by  the 
nearest  and  most  practicable  route. 

Sec.  5.  Each  House  shall  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  choose  its  own  officers, 
and  determine  the  rules  of  its  proceedings.  The  Senate  shall, 
at  the  convening  of  each  regular  session  thereof,  choose  from 
among  its  members  a  permanent  President  of  the  Senate,  who 
shall  be  its  presiding  oflflcer.  The  Assembly  shall,  at  the  con- 
vening of  each  regular  session  thereof,  choose  from  among 
its  own  members  a  permanent  Speaker  of  the  House  of  Rep- 
resentatives, who  shall  be  its  presiding  officer.  Each  House 
ma}'  punish  its  own  members  for  disorderly  conduct ;  and  each 
House,  with  the  concurrence  of  two-thirds  of  all  of  its  members 
present,  may  expel  a  member. 

Sec.  6.  No  person  holding  a  lucrative  office  or  appointment 
under  the  United  States  or  of  this  State,  shall  be  eligible  to  a 
seat  in  the  Legislature  of  this  State. 

Sec.  7.  The  seat  of  a  member  of  either  House  shall  bo  vaca- 
ted on  his  permanent  change  of  residence  from  the  district  or 
county  from  which  he  was  elected. 

Sec.  8.  Either  House  during  the  session  may  punish  by  fine 
or  imprisonment  any  person  no  a  member  w;io  shall  have  been 
guilt}-  of  disorderly-  or  contemptuous  conduct  in  its  presence, 
or  a  refusal  to  obey  its  lawful  summons,  but  such  imprison- 
ment shall  not  extend  beyond  the  final  adjournment  of  the 
session. 

Sec.  9.  Either  House  shall  power  to  compel  the  attendance 
of  witnesses  upon  any  investigations  held  by  itself,  or  by  any 
of  its  committees  ;  the  manner  of  the  exercis  -  of  such  power 
shall  be  provided  by  law. 

Sec.  10.  A  majority- of  each  House  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  numbc^r  mav  adjourn  from  day  to 
da}-,  and  compel  the  presenc  ■  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  each  House  may  prescribe. 

Sec.  11.  Each  house  shall  keep  a  journal  of  its  own  proceed- 
ings, which  shall  be  published,  and  th  •  yeas  and  nays  of  the 
members  of  eitlier  house  on  any  question  shall,  at  the  desire 
of  any  five  members  present,  be  entered  on  the  journal. 

Sec.  12.  The  doors  of  each  house  shall  be  kept  open  during 
its  session,  except  the  Senate  while  sitting  in  executive  ses- 
sion ;  and  neither  shall,  without  the  consent  of  the  o  her,  ad- 
journ for  more  than  three  days,  or  to  any  other  town  than  that 
in  which  they  may  be  holding  their  session. 

Sec  13.  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  after  being  passed  in  one  house  may  be  amended 
in  the  other. 


176 


Sec.  14.  The  enacting  clause  of  every  law  shall  be  as  fol- 
lows :  Be  it  enacted  bv  the  Leo^islature  of  the  State  of 
Florida." 

Sec.  15.  Each  law  enacted  in  the  Legislature  shall  embrace 
but  one  subject  and  matter  properly  connected  therewitli, 
which  subject  shall  be  briefly  expressed  in  the  title  ;  and  no 
law  shall  be  amended  or  revised  hy  reference  to  its  title  onl}^  ; 
but  in  such  case  the  act  as  rcAised,  or  section  as  amended,  shall 
be  re  enacted  and  published  at  length. 

Sec.  16.  Every  bill  shall  be  read  by  sections  on  three  sev- 
eral days  in  each  house,  unless  in  case  of  emergency,  two- 
thirds  of  the  house  where  such  bill  may  be  pending  shall  deem 
it  expedient  to  dispense  with  this  rule ;  but  the  reading  of  a 
bill  by  sections  on  its  final  passage  shall  in  no  case  be  dis- 
pensed with,  and  the  vote  on  the  final  passage  of  every  bill  or 
joint  resolution  shall  be  taken  by  yeas  and  nays,  to  be  entered 
in  the  Journal  of  each  house ;  Provided,  That  any  general 
revision  of  the  entire  laws  embodied  in  any  bill  shall  not  be 
required  to  be  read  by  sections  upon  its  final  passage,  and  its^ 
reading  may  be  wholly  dispensed  with  by  a  two-thirds  vote  ; 
and  a  majority  of  the  members  present  in  each  shall  be  neces- 
sary to  pass  every  bill  or  joint  resolution,  and  all  bills  or  joint 
resolutions  so  passed  shall  be  signed  b\^  the  presiding  officers 
of  the  respective  houses,  and  by  the  Secretary  of  the  Senate 
and  Clerk  of  the  Assembly. 

Sec.  n.  No  money  shall  be  drawn  from  the  treasury  except 
by  appropriation  made  by  law,  and  accurate  statements  of  the 
receipts  and  expenditures  of  the  public  money  shall  be  attached 
to  and  publislied  with  the  laws  passed  at  every  regular  session 
of  the  Legislature, 

Sec.  18.  The  Legislature  shall  not  pass  special  or  local  law& 
m  any  of  the  following  enumerated  cases  :  that  is  to  say,  regu- 
lating the  jurisdiction  and  duties  of  any  class  of  officers,  ex- 
cept municipal  officers,  or  for  the  punishment  of  crime  or  mis- 
demeanor ;  regulating  the  practices  of  courts  of  justice,  except 
municipal  courts  ;  providing  for  ciianging  venue  of  civil  and 
criminal  cases;  granting  divorces  ;  changing  the  names  of  per- 
sons ;  vacating  roads  ;  summoning  and  empanneling  grand  and 
petit  juries,  and  providing  for  their  compensation  ;  for  the  as- 
sessment and  collection  of  taxes  for  State  and  county  purposes  ; 
pi'oviding  for  opening  and  conducting  elections  for  State  and 
county  officers,  and  designating  the  places  of  voting  ;  providing 
for  the  sale  of  real  estate  belonging  to  minors,  estates  of  dece- 
dents, and  of  persons  laboring  under  legal  disabilities  ;  regulat- 
ing the  fees  of  officers  of  the  State  and  county,  giving  effect  to  in- 
formal or  invalid  deeds  or  wills  ;  legitimating  illegitimate  chil- 


177 


dren  ;  providing  for  tlie  adoption  of  children  ;  relieving  minors 
from  legal  disabilities  and  for  tlie  esiablisliment  of  ferries. 

Sec.  19.  In  all  cases  ennmetar.ed  in  the  preceding  section  all 
laws  shall  be  general  and  of  uniform  operation  throughout  the 
State,  but  in  all  cases  not  enumerated  or  excepted  in  the  pre- 
ceding section,  the  Legislature  m?.}'  pass  special  or  local  laws  ; 
Provi'iedn  That  no  local  or  special  13111  shall  be  passsd,  unless 
notice  of  the  intention  to  apply  therefor  shall  have  been  pub- 
lished in  the  locality  where  the  matter  or  thing  to  be  affected 
may  be  situated,  which  notice  shall  state  the  substance  of  the 
contemplated  law,  and  shall  be  publishsd  at  least  sixty  days 
prior  to  the  introduction  into  the  Legislature  of  such  bill,  and 
in  the  manner  to  be  provided  bv  law.  The  evidence  of  such 
notice  having  been  published  shall  be  established  in  the  Legis- 
lature before  such  act  shall  be  passed. 

Sec.  20.  Provision  may  be  made  by  general  law  for  bringing 
suit  against  the  State  as  to  all  liabilities  now  existing  or  here- 
after originating. 

Sec.  21.  Lotteries  are  hereby  prohibited  in  this  State. 

Sec.  22.  The  Legislature  shall  establish  a  uniform  system  of 
County  and  Municipal  Government,  which  shall  be  applicable, 
except  in  cases  where  local  or  special  laws  are  provided  by  the 
Legislature  which  may  be  inconsistent  therewith. 

Sec.  23.  The  Legislature  shall  provide  by  general  law  for 
incorporating  such  educational,  agricultural,  mechanical,mining 
and  other  useful  companies  or  associations  as  ma}^  be  deemed 
necessary 

Sec  24.  Laws  shall  be  passed  regulating  elections,  and  pro- 
hibiting, under  adequate  penalties,  all  undue  influence  thereon 
from  power,  bribery,  tumult  or  other  improper  practice. 

Sec.  25.  The  Lfigislature  shall  provide  for  the  election  by 
the  people  or  app')intment  bv  the  Grovernor  of  all  State  and 
county  ofiicers  not  otherwise  provided  for  by  this  Constitution, 
and  fix  b3^  law  their  duties  and  compensation. 

Sec  26.  Every  bill  which  m  iy  have  passed  the  Legislature 
shall,  before  becoming  a  law,  be  presented  to  the  Governor ; 
if  he  approves  it  he  shall  sign  it,  but  if  not  he  shall  return  it 
with  his  objections  to  the  House  in  which  it  originated,  which 
House  shall  cause  such  objections  to  be  entered  upon  its  jour- 
nal, and  proceed  to  reconsider  it ;  if,  after  such  reconsidera- 
tion, it  shall  pass  both  Houses  by  a  two-thirds  vote  of  the 
members  present,  which  vote  shall  be  entered  on  the  journal 
of  each  House,  it  shall  become  a  law.  If  any  bill  shall  not  be 
returned  within  five  da3^s  after  it  shall  have  been  presented  to 
the  Governor  (Sundays  excepted)  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it.    If  the  Legislature,  by  its 

12 


178 


final  adjournment,  prevent  such  action,  such  bill  shall  be  a  law, 
unless  the  Governor,  within  ten  days  after  the  adjournment, 
shall  file  such  bill,  with  his  objections  thereto,  in  the  office  of 
the  Secretary  of  State,  who  shall  lay  the  same  before  the 
Legislature  at  its  next  session,  and  if  the  same  shall  receive 
two-thirds  of  the  votes  present  it  shall  become  a  law. 

Sec.  27.  The  Assembly  shall  have  the  sole  power  of  im- 
peachment ;  but  a  vote  of  two-thirds  of  all  members  present 
shall  be  required  to  impeach  any  officer;  and  all  impeachments 
shall  be  tried  by  the  Senate.  When  sitting  for  that  purpose 
the  Senators  shall  be  upon  oath  or  affirmation,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
Senators  present.  The  Senate  may  adjourn  to  a  fixed  day  for 
the  trial  of  an}'  impeachment,  and  may  sit  for  the  purpose  of 
such  trial  whether  the  Assembly  be  in  session  or  not,  but  the 
time  fixed  for  such  trial  shall  not  be  more  than 
six  months  from  the  time  articles  of  impeachment 
shall  be  preferred  by  the  Assembly.  The  Chief  Justice 
shall  preside  at  all  trials  by  impeachment  except  in  the 
trials  of  the  Cbief  Justice,  when  the  Governor  fehall  preside. 
Tlie  Governor,  Administrative  officers  of  the  Executive  Depart- 
ment, Justices  of  the  Supreme  Court,  and  Judges  of  the  Cir- 
cuit Court  shall  be  liable  to  impeachmeni  for  any  misdemeanor 
In  office,  but  judgment  in  such  cases  shall  extend  only  to  re- 
moval from  office  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  under  the  State  ;  but  the  party  convicted 
or  acquitted  shall  nevertheless  be  liable  to  indictment,  trial  and 
punishment  according  to  law. 

Sec.  28.  Laws  making  appropriations  for  the  salaries  'of 
public  officers  and  other  current  expenses  of  the  State  shall 
contain  provisions  on  no  other  subject. 

Sec.  29.  The  Legislature  shall  elect  United  States  Senators 
in  the  manner  prescribed  b}^  the  Congress  of  the  United  States 
and  by  this  Constitution. 

Article  X,  on  Public  Institutions  was  read  a  second  time. 

Section  1  was  read  and  passed  without  amendment. 

Section  2  was  read. 

Mr.  Rogers  oflfered  the  following  substitute  : 

A  State  Prison  shall  be  permanently  established.  In  connec- 
tion therewith  there  shall  be  established  a  State  farm  or 
other  institutions  of  industry  as  may  be  fixed  by  law,  in  which 
the  inmates  of  said  prison  shall  be  employed.  Provisions  may 
be  made  by  law  for  the  establishment  and  maintenance  of  a  house 
of  refuge  for  juvenile  offenders,  and  the  Legislature  shall  have 
power  to  establish  a  home  and  work-house  for  common  va- 
grants. 


179 


The  question  was  upon  the  adoption  of  the  substitute, 
Mr.  Gfillis  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to,  and  the  substitute  was  laid  upon  the 
table. 

Section  2  was  then  passed  as  read. 
Section  3  was  read  and  passed  without  amendment. 
Article  X  was  passed  as  a  whole  and  ordered  engrossed  for 
a  third  reading  and  be  spread  on  the  Journal. 

ARTICLE  X. 

PUBLIC  TXSTITUTIOXS. 

Section.  1.  Institutions  for  the  benefit  of  the  insane,  blind 
and  deaf,  and  such  other  benevolent  institutions  as  the  public 
good  may  require,  shall  be  fostered  and  supported  b}'  the  State, 
subject  to  such  regulations  as  may  be  provided  by  law. 

Sec.  2.  A  State  Prison  shall  be  established  and  maintained 
in  such  manner  as  may  be  fixed  by  law.  Provision  may  be 
made  b}^  law  for  the  establishment  and  maintenance  of  a  house 
of  refuge  for  juvenile  offenders,  and  the  Legislature  shall  have 
power  to  establish  a  home  and  work-house  for  common  va- 
grants. 

Sec.  3,  The  respective  counties  of  the  State  shall  provide 
in  the  manner  fixed  by  law  for  those  of  the  inhabitants  who, 
by  reason  of  age,  infirmity  or  misfortune,  may  have  claims 
upon  the  aid  and  sympathy  of  society. 

Mr.  Sanchez  moved  to  adjourn  until  8  o'clock  to-night; 

Whic!)  was  agreed  to,  and  the  Convention  was  so  adjourned 


EIGHT  O'CLOCK  P.  M. 

The  Convention  rnet  pursuant  to  a.ljournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  fjllowing  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker.  Bell  of  Brevard  and  Dade. 
Bell  of  Hamilton,  Bennett,  Bethel.  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carson,  Challen,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Dun- 
can, Earle,  Edge,  Fogart}^,  Fowler,  Genovar,  Gibbs,  Gii- 
lis,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hendle}',  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  JohnstOD,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Miller,  Milton,  Mitchell,  Morgan,   McCaskill,  McClellan.  Mc- 


180 


Kinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Par- 
sons, Paterson,  Pelot,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Swearingen,  Taylor,  Tedder,  Tolbert,  Turnbull, 
Wadsworth,  Wall,  Walter,  Weeks,  Wellman,  Westcott,  Whit- 
mire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer — 99. 
A  quorum  present. 

The  Convention  proceeded  to  consider  the  orders  of  the 
day. 

The  Preamble  and  Declaration  of  Rights  came  up  for  con- 
sideration. 

The  Preamble  as  reported  b}^  the  committee  was  read. 

Mr.  Jones  offered  the  following  substitute: 

To  secure  to  ourselves  and  our  posterity  the  enjoyment  of 
all  the  rights  of  life,  liberty  and  property,  and  the  pursuit  of 
happiness,  we,  the  people  of  the  State  of  Florida,  do  ordain 
and  establish  this  Constitution. 

Mr.  Mann  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Goss  offered  the  following  substitute : 

We,  the  people  of  Florida,  assembled  in  Convention,  in 
order  to  better  secure  the  blessings  of,  and  form  a  more 
perfect  State  Government,  insuring  domestic  tranquility, 
maintaining  public  order  and  guaranteeing  equal  civil  and  po- 
litical rights  to  all  alike,  do  ordain  and  establish  this  Con- 
stitution. 

Mr.  Oliveros  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Maxwell  moved  to  strike  out  the  word  Constitu- 
tional "  in  tiie  preamble,  as  reported  by  the  committee. 

Mr.  Humphries  moved  to  lay  the  amendment  to  strike  out  on 
the  table  ; 

Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  Preamble  as  re- 
ported by  the  committee  ; 

Which  was  agreed  to,  and  the  Preamble  was  passed. 

Section  1  of  ihe  Declaration  of  Rights  was  read. 

Mr.  McClellan  moved  to  strike  out  the  words  "  safety  and 
in  the  third  line. 

Mr.  Mann  moved  to  la}'  the  motion  to  amend  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Bethel  moved  the  adoption  of  section  one  as  reported  by 
the  committee  ; 

Which  was  agreed  to. 
Section  t^o  was  read. 


181 


Mr.  Clarke,  of  Jefferson,  moved  to  amend  by  5trikin<^  oa*: 
all  after  the  word  "  it in  the  third  line  ; 

Upon  motion,  the  motion  was  laid  upon  the  table. 
Mr.  Blount  offered  to  amend  as  follows  : 

In  Section  2,  line  2,  amend  by  inserting  after  the  word 
*'  amend  "  the  words  "  the  form  of." 

Mr.  Mann  moved  to  lay  the  amendment  on  the  table  ; 
Whieh  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  section  as  read  ; 
Which  was  agreed  to. 

^Section  3  was  read  and  adopted  without  amendment. 
Section  4  was  read  and  adopted  without  amendment. 
Section  5  was  read. 

Mr.  Love  moved  to  amend  by  striking  out  all  after  the  word 
suspended  "  in  the  second  line. 

Mr.  Fowler  moved  to  lay  the  motion  to  amend  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  section  as  re- 
ported by  the  committee  ; 

Which  was  agreed  to,  and  the  section  was  passed  as  read. 
Section  G  was  read. 

Mr.  Parkhill  moved  to  amend  by  striking  out  the  word 
cruel ;"' 

Which  was  not  agreed  to,  and  tlie  section  as  reported  b}' the 
committee  was  passed. 

Section  7  was  read  and  adopted  without  amendment . 
Section  8  was  read,  and  passed  without  amendmciit. 
Section  9  was  read. 

Mr.  Hocker  moved  to  amend  by  striking  out  the  words 
*•  duly  drawn 

Which  was  agreed  to. 

Mr.  Blount  otfered  to  amend  by  striking  out  the  words  "free 
and,"  in  the  fifth  line  ; 
Which  was  agreed  to. 

Mr.  Maloue  otfered  to  amend  by  striking  out  the  wor{ls 
*'  where  the  crime  shall  have  been  committed  in  lines  2  and 
3,  and  inserting  the  words    where  the  trial  shall  be  had." 

Mr.  Hocker  moved  to  amend  the  amendment  as  follows  : 

Strike  out  from  the  body  of  the  "  and  insert  "  in  the 
county  where  the  crime  shall  have  been  committed." 

Mr.  Mann  moved  that  section  9,  with  all  proposed  amend- 
ments, be  recommitted  and  referred  to  the  Committee  on  Ju- 
diciaiy  Department ; 

Which  was  not  agreed  to. 

The  question  was  upon  the  amendment  to  the  amendment ; 
Which  was  agreed  to. 


182 


The  question  was  upon  the  adoption  of  the  amendment  as 
amended ; 

Which  was  agreed  to. 

Mr.  Challeu  moved  to  amend  by  inserting  the  words  "  or 
circuit,"  after  the  word  ''county,"  in  the  second  line  ; 
Which  was  not  agreed  to. 
Section  9  was  then  passed  as  amended. 
Section  10  was  read  and  passed  without  amendment. 
Section  11  was  ^ead  and  passed  without  amendment. 
Section  12  was  read  and  passed  without  amendment. 
Section  13  wsi<  read  and  passed  without  amendment. 
Section  14  was  read. 

Mr.  Marshall  offered  to  amend  by  striking  out  all  of  section 
14  after  the  word  "  provisions."  in  second  line. 

Mr.  Bell,  of  Hamilton,  moved  to  recommit  the  section  with 
amendment  offered  ; 

Which  was  not  agreed  to. 

Mr.  Clarke  moved  an  amendment  to  the  amendment,  "  strike 
out  the  entire  section  ;" 
Which  was  agreed  to. 

Section  15  was  re  »d  and  passed  without  amendment. 
Section  IH  was  read. 

Mr.  TurnbuU  offered  to  amend  as  follows : 
And  the  social  status  of  the  citizen  shall  never  be  the  subject 
of  legislation  ; 

Which  was  agreed  to. 

Mr.  Maxwell  moved  to  strike  out  all  between  the  word 
"contract  "  and  the  word  "shall,"  in  the  second  line  ; 

Which  was  not  agreed  to. 

Section  16  was  passed  as  amended. 

Section  1*1  was  read. 

Mr.  Yonge  moved  to  amend  as  follows  : 

Strike  out  in  Section  17  "  who  are  or  who  may  hereafter  be- 
come bona  fide  residents  of  this  State  ;" 

Which  was  not  agreed  to. 

Section  17  was  then  passed  as  read. 

Section  18  was  read. 

Mr.  Fowler  moved  to  amend  as  follows  : 

Section  18 — Neither  slavery,  involuntary  servitude  or  com- 
pulsory labor,  excepc  as  a  punishment  for  crime,  whereof  the 
party  shall  have  been  duly  convicted,  shall  ever  be  tol- 
erated in  this  State, 

Mr.  Parkhill  moved  to  lay  the  amendment  on  the  table; 

Which  was  agreed  to. 

Section  1 8  was  then  passed  as  read. 

Section  19  was  read  and  passed  without  amendment. 


Mr.  Challen  offered  the  following  additional  seccion  : 
Sec.  — .  Xo  standing  army  shall  in  time  of  peace  be  kept  up 
without  the  consent  of  the  Legislature,  and  the  military  shall 
in  all  cases  and  at  all  times  be  in  strict  subordination  to  the 
civil  power  ; 

Which  was  read  and  adopted. 

Mr.  Baker  moved  to  reconsider  the  vote  b\^  which  the  addi- 
tional section  just  offered  was  passed  ; 
Which  was  agreed  to. 
Mr.  Baker  move  1  to  amend  as  follows : 
Strike  out  all  down  to    the  military ;" 
Which  was  agreed  to. 

The  additional  section  was  then  passed  as  amended. 
Section  20  was  read  and  adopted  without  amendment. 
Section  21  was  read  and  passed  without  amendment. 
Section  22  was  read  and  passed  without  amendment. 
Section  23  was  read. 

Mr.  Milton  moved  to  correct  the  verbiage  by  adding  the 
words  "  shall  be  in  line  3  between  "justice  "  and  "  admin- 
istered.'' 

Mr.  Bush  offered  the  following  additional  section  : 

Section  — .  This  State  shall  ever  remain  a  member  of  the 
United  States  of  America. 

Mr.  Milton  moved  to  lay  the  additional  section  on  the 
table  ; 

Which  was  agreed  to. 

Mr.  Baker  offered  the  following  additional  section : 

Sec.  — .  Representatives  in  the  Legislature  shall  be  appor- 
tioned according  to  the  population  in  the  several  counties. 

Mr.  Yonge  moved  to  refer  the  additional  section  to  the  Com- 
mittee on  Census  and  Apportionment ; 

Which  was  agreed  to. 

Mr.  Challen  offered  the  following  additional  section: 

Section  — .  Elections  shall  be  free  and  equal,  and  no  power 
shall  at  any  time  interfere  to  prevent  the  free  exercise  and 
consummation  of  the  right  of  suffrage,  except  to  a  person  con- 
victed of  felony  by  a  jury  and  duly  condemned  b}^  a  court  of 
competent  jurisdiction. 

Mr.  Yonge  moved  to  la}^  the  Section  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Randall,  of  Duval,  moved  that  the  vote  by  which  Sec- 
tion 1 1  was  passed  be  reconsidered  ; 
Which  was  agreed  to. 

Mr.  Randall,  of  Duval,  offered  to  amend  as  follows  : 
Add  to  11,  *' in  all  criminal  pros  cutions  and  civil  actions 
for  libel  the  truth  may  be  given  in  evidence  to  the  jury,  and 


184 


if  it  shall  appear  that  the  matter  charged  as  libelous  is  true,  but 
was  published  for  good  motives,  the  part}"  shall  be  acquitted  or 
exonerated 

Which  was  agreed  to,  and  the  section  was  passed  as  amended . 

Mr,  Bell,  of  Hamilton,  gave  notice  that  he  would  on  to-mor- 
row move  to  reconsider  the  vote  by  which  section  four  was 
passed. 

Section  24  was  read  and  passed  without  amendment. 
Upon  motion,  the  Convention  adjourned  until  9  o'clock  A. 
M.  to-morrow. 


EIGHTEENTH  DAY. 


TUESDAY,  June  30,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carson,  Challen,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Hen- 
derson, Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutter- 
loh,  Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Olive- 
ros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Ran- 
dall of  Duval,  Randell  ot  Madison,  Randolph,  Richard,  Rob- 
ertson, Rogei's,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  iMana- 
tee,  Wylly  Yonge  and  Zipperer — 101. 

A  quorum  present. 
,  Prayer  by  the  Chaplain. 

Mr.  Tolbert  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 


185 


Mr.  Green  moved  that  the  correction  of  the  Journal  be  passed 
for  the  present  : 

Which  was  agreed  to 

Mr.  McCaskill  offered  the  following  resolution  : 
Resolved^  That  this  Convention  shall  convene   daily  at  ^ 
o'clock  a.  m.  and  5  o'clock  p.  m.,  unless  otherwise  ordered  ; 
Which  was  read. 

Mr.  McCaskill  asked  that  the  rules  be  waived  and  immedi- 
ate action  be  taken  on  the  resolution  : 
Which  was  agreed  to. 

Mr.  Mann  moved  to  amend  b}'  striking  out  four  "  and  in- 
serting eight." 

Mr.  Sheats  moved  to  amend  the  amendment  by  striking  out 
*'eight  "  and  inserting  five 

Which  was  accepted. 

The  question  was  then  upon  the  amendment  offered  bv  Mr. 
Mann  ; 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  resolution. 

Mr.  Parsons  moved  to  la}-  the  resolution  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Randolph  offered  the  following  resolution  ; 

Resolved^  That  on  the  calling  of  the  roll,  or  a  call  for  the 
yeas  and  nays,  any  member  not  answering  to  the  call,  or  refus- 
ing to  vote,  shall  be  marked  absent,''  or  "  not  voting,"  as  the 
case  may  be,  and  it  shall  so  appear  upon  the  Journal  of  the 
Convention  ; 

Which  was  laid  over  under  the  rules. 

The  following  resolutions,  articles  and  ordinances  were  in- 
troduced, read  and  referred  to  appropriate  committees  : 

B}^  Mr.  Maxwell,  the  following  to  be  incorporated  in  Article 
on  ]\liscellaneous  Provisions: 

Sectiox  — .  Ever}'  officer,  State,  county  or  municipal,  shall 
hold  his  office  until  his  successor  is  elected  or  appointed  and 
qualified  : 

Which  was  referred  to  the  Committee  on  Miscellaneous 
Provisions. 

By  Mr.  Parkhiil,  Article  No.  63  :  Providing  for  appoint- 
ment of  five  Count}^  Commissioners  hj  the  Gfovernor  ; 

Which  was  referred  to  Committee  on  County  and  City  Or- 
ganization. 

B}^  Mr.  Parkhiil,  amendment  to  Article  12  :  In  line  8,  after 
the  word  hemp  "  so  as  to  read  '°  cotton-seed  oil  and  ice  fac- 
tory ;" 

•  Which  was  referred  to  Committee  on  Taxation  and  Finance. 


186 


By  Mr.  Randell,  of  Madison,  Resolution  No.  149 :  Relating 
to  Poll  Tax  and  Suffrage  ; 

Which  was  referred  to  Committee  on  Taxation  and  Finance. 

By  Mr.  Gibbs,  No.  150  :  Section  relating  to  the  establish- 
ment of  a  branch  of  the  State  Agricultural  College  for  persons 
of  color  to  be  located  at  Jacksonville  ; 

Which  was  referred  to  the  Committee  on  Education. 

The  roll  of  Committees  being  called,  the  following  reports 
were  offered  : 

Mr.  Bethel,  Chairman  of  the  Committee  on  Legislative  De- 
partment, made  the  following  report : 

Convention  Hall,  Tallahassee,  Pla.,  J  une  30,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention: 

Sir  :  Your  Committee  on  Legislative  Department  to  whom 
was  referred — 

Resolution  No.  54:  By  Mr.  Hicks,  of  Franklin,  would 
lecomend  that  the  further  consideration  of  said  Resolution  be 
indefinitely  postponed. 

Very  respectfully, 

L.  W.  Bethel,  Chairman  Committee. 
Which  was  received,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Mr.  Oliveros,  Chairman  of  the  Enrollment  and  Engrossing 
Committee,  made  the  following  report : 

Convention  Hall,  > 
Tallahassee,  Fla.,  June  30,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Engrossment  and  Enrollment,  to 
whom  was  referred — 

Article  No.  10,  beg  to  report  that  they  have  examined  and 
compared  the  same  and  find  it  correctly  engrossed. 

Very  respectfully, 

B.  F.  Oliveros,  Chairman. 
Theodore  Randell, 
H.  H.  Duncan, 
Sam'l  E.  Hope, 

Committee. 

Which  was  read. 

Article  XII,  on  Taxation  and  Finance,  was  read  the  first 
time  by  its  title. 

Mr.  McCaskill  moved  that  Article  XII  be  recommitted  to 
ihe  committee  ; 


187 


Which  was  agreed  to.  and  it  was  so  ordered. 

Mr.  Rogers  gave  notice  that  he  would  to-morrow  move 
to  reconsider  the  vote  by  which  section  2.  Article  X,  was 
passt  d. 

Mr.  Oliveros  moved  to  waive  the  rules  and  take  up  Article 
V  on  its  third  reading  ; 
Which  was  agreed  to. 

Article  T.  on  the  Executive  Department,  was  read. 
Mr.  Baker  moved  to  reconsider  the  vote  by  which  the  rules 
?vere  waived,  and  Article  T  taker  up  for  a  third  reading  ; 
Which  was  agreed  to. 

Mr.  Maxwell  gave  notice  that  he  would  move  that  Article  T 
be  taken  up  for  a  third  reading  on  to-morrow. 

Mr.  Bethel  gave  notice  that  he  would  call  up  Article  IT  for 
a  third  reading  on  Thursday. 

The  Journal  of  yesterday. on  motion  of  Mr.  R.andall,  of  Du- 
val, was  corrected  as  follows  : 

Insert  Ordinance  Xo.  42,  as  offered  by  Mr.  Broome,  in  con- 
nection with  Article  YIII,  which  was  read  as  follows  : 

Ordinance  Xo.  42.  The  Board  of  County  Commissioners  of 
each  county  shall  consist  of  five  members,  but  at  the  election 
held  for  choosing  the  same,  there  shall  not  appear  upon  any 
one  ballot  the  name  of  more  than  three  persons  voted  for  for 
said  office,  and  upon  a  canvass  of  the  vote,  the  five  persons 
receiving  the  greatest  number  of  votes  shall  be  declared 
elected,  and  shall  constitute  said  Board. 

The  Journal  was  approved  as  corrected. 

The  consideration  of  the  Preamble  and  Declaration  of 
Rights  on  its  second  reading,  was  resumed. 

5lr.  Bell,  of  Hamilton,  moved  to  reconsider  the  vote  by 
which  Section  4,  of  the  Preamble  and  Declaration  of  Rights, 
was  passed  on  yesterday  : 

Which  was  not  agreed  t  > 

Mr.  Bell,  of  Hamilton,  offered  the  following  additional  Sec- 
tion : 

Section  — ,  Mechanics  and  laborers  shall  have  liens  upon 
the  property  of  their  employers  for  labor  performed  or  mate- 
rial furnished,  and  the  Legislature  shall  provide  for  the  sum- 
mary enforcement  of  the  same  ; 

Which  was  read. 

Mr.  Challen  moved  that  the  additional  section  be  referred  to 
the  Committee  on  Miscellaneous  Provisions  ; 

Which  was  agreed  to.  and  it  was  so  referred. 

Mr.  Paterson  moved  to  reconsider  the  vote  by  which  section 
16  was  passed  yesterday  : 

Which  was  agreed  to. 


188 


Mr.  Paterson  moved  to  amend  section  16  of  the  Preamble 
and  Declaration  of  Rights  as  follows  : 

Strike  out  ^'  any  citizen  "  and  insert  in  lieu  thereof  "  the 
citizens  of  this  State." 

Mr.  McClellan  moved  to  amend  the  amendment  by  striking 
out  the  words  or  discriminating  against  any  citizen  of  this 
State;" 

Which  was  agreed  to. 

Mr.  Duncan  moved  to  further  amend  by  striking  out  all  after 
the  word  passed." 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Bethel, 
Blount,  Broome,  Bush,  Campbell,  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Goodbread,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Love,  Lut- 
terloh,  Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McCaskill, 
McClellan,  Neel,  Odom,01iverGS,  Orman,  Parker,  Parkhill,  Par- 
sons, Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Rowe,  Sanchez,  Scott,  Speer,  Swearingen,  Taylor, 
Tedder,  Tolbert,  Tompkins,  Wadsworth,  Wall,  Weeks,  Well- 
man,  Westcott,  Whitmire,  Wilson  of  Clay,  Yonge  and  Zip- 
perer — 1 4 

Nays — Messrs.  Baker,  Blackburn,  Carr,  Challen,  Conover, 
Fowler,  Gibbs,  Goss,  Hargret,  Lewis,  Mann,  Miller,  Randall 
of  Duval,  Rogers,  Sheats,  Stone,  Thompson,  TurnbuU,  Walter, 
Wilson  of  Polk  and  Manatee  and  Wylly— 2L 

So  the  amendment  was  agreed  to. 

The  section  as  amended  was  then  adopted. 

Mr.  Broome  moved  to  reconsider  the  vote  by  which  Section 
1 T  was  passed  on  yesterday  ; 

Which  was  agreed  to. 

Mr.  Broome  moved  to  amend  as  follows  : 

Foreigners  and  non-residents  shall  enjoy  the  same  rights  in 
respect  to  the  possession,  enjoyment,  transfer  and  inheritance 
of  property  as  other  citizens  of  this  State. 

Mr.  Oliveros  offered  the  following  substitute  for  the  amend- 
ment : 

Section  17.  That  foreigners  shall  have  the  same  rights  as 
the  to  ownership,  inheritance  and  disposition  of  property  in 
this  State  as  citizens  of  the  State. 

Mr.  Broome  withdrew  his  amendment,  and  the  question  was 
upon  the  adoption  of  the  substitute  offered  by  Mr.  Oliveros. 

The  yeas  and  nays  were  called  for. 


189 


The  vote  was: 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett. 
Blount,  Broome,  Cliallen,  Coker,  Cook,  Davidson,  Duncan, 
Earle,  Genovar,  Gibbs,  Gillis,  Hausman,  Hendley  Hocker, 
Hope,  Humphries,  Hunter  Johnston,  Jones,  Land  rum,  Leslie, 
Lewis,  Mann,  Marshall,  Maxwell,  McCaskill,  McClellan,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
I^elot,  Randall  of  Duval,  Randell  of  Madison.  Randolph,  Rich- 
ard, Robertson,  Rowe,  Sanchez,  Scott,  Sheats,  Speer.  Taylor. 
Tedder,  Wadsworth,  Walter,  Weeks,  Wellman,  Westcott. 
Whitmire,  Wylly  and  Yonge — 59. 

Nays — Messrs.  Bell  of  Hamilton,  Bethel.  Blackburn,  Bush. 
Campbell,  Carr,  Carson,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Conover,  Davis,  Edge,  Fogart}',  Fowler,  Goodbread, 
Goss,  Green,  Hargret,  Hatch,  Henderson,  Herndon,  Hicks, 
Ives,  Love,  Lutterloh,  Malone,  Miller,  Milton,  Morgan.  Mc- 
Kinnon,  Rogers,  Stone,  Swearingen,  Thompson,  Tolbert,  Wall. 
Wilson  of  Claj',  Wilson  of  Polk  and  Manatee  and  Zipperer — 41. 

So  the  substitute  was  adopted  in  place  of  the  original  Sec- 
tion, and  passed. 

The  Preamble  and  Declaration  of  Rights  was  then  adopted 
as  a  whole,  ordered  spread  upon  the  Journal  and  engrossed  for 
a  third  reading. 

PREAMBLE. 

W^e,  the  people  of  the  State  of  Florida,  grateful  to  Almight}' 
God  for  our  constitutional  liberty',  in  order  to  secure  its  bless- 
ings and  form  a  more  perfect  government,  insuring  domestic 
tranquility,  maintaining  public  order,  and  guaranteeing  equal 
civil  and  political  rights  to  all,  do  ordain  and  establish  this 
Constitution. 


DECLARATION  OF  RIGHTS. 

SectiOxN  1.  All  men  are  equal  before  the  law,  and  have  cer- 
tain Inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing  and  protecting 
property,  and  pursuing  and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security  and  benefit 
of  its  citizens,  and  they  have  the  right  to  alter  or  amend  the 
same  whenever  the  public  good  may  require  it  ;  but  the  para- 
mount allegiance  of  every  citizen  is  due  to  the  Federal  Gov- 
ernment, and  no  power  exists  with  the  people  of  this  State  to 
dissolve  its  connection  therewith. 


190 


Sec.  3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate  forever. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  pro- 
fression  and  worship  shall  forever  be  allowed  in  this  State, 
and  no  person  shall  be  rendered  incompetent  as  a  witness  on 
account  of  his  religious  opinions ;  but  the  liberty  of  con- 
science hereby  secured  shall  not  be  so  construed  as  to  justify 
licentiousness  or  practices  subversive  of,  or  inconsistent  with, 
the  peace  or  moral  safety  of  the  State  or  society. 

Sec.  5.  The  writ  of  habeas  corpus  shall  be  grantable  speed- 
ily and  of  right,  freely  and  without  cost,  and  shall  never  be 
suspended  unless  in  case  of  rebellion  or  invasion  the  public 
safety  may  require  its  suspension. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  or  unusual  punishment  or  indefinite 
imprisonment  be  allowed,  nor  shall  witnesses  be  unreasonably 
detained. 

Sec.  t.  All  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  where  the  proof  is  evident  or  the 
presumption  great. 

Sec  8.  No  person  shall  be  tried  for  a  capital  or  otherwise 
infamous  crime,  unless  on  presentment  or  indictment  by  a 
grand  jur3^  except  in  cases  of  impeachment,  and  in  cases  in 
the  militia  when  in  active  service  in  time  of  war,  or  whicli 
the  State  may  keep,  with  the  consent  of  Congress,  in  time  of 
peace. 

Sec.  9.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury, 
in  the  county  where  the  crime  shall  have  been  committed,  and 
shall  be  heard  by  himself,  or  counsel,  or  both,  to  demand  the 
nature  and  cause  of  the  accusation  against  him,  to  meet  the 
witnesses  against  him  face  to  face,  and  have  compulsory  pro- 
cess to  compel  the  attendance  of  witnesses  in  his  favor,  and 
shall  be  furnished  with  a  copy  of  the  indictment  against  him. 

Sec.  10.  No  person  shall  be  subject  to  be  twice  put  in  jeop- 
ardy for  the  same  offence,  nor  shall  be  compelled  in  any  crimi- 
nal case  to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty  or  property  without  due  process  of  law  ;  nor  shall  pri- 
vate property  be  taken  without  just  compensation. 

Sec.  11.  Every  person  may  fully  speak  and  write  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right, 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of 
speech  or  the  press.  In  all  criminal  prosecutions  and  civil  ac- 
tions for  libel  the  truth  may  be  given  in  evidence  to  the  jury, 
and  if  it  shall  appear  that  the  matter  charged  as  libelous  is 


191 


true,  but  was  published  for  good  motives,  the  party  shall  be 
acquitted  or  exonerated. 

Sec.  12.  No  person  shall  be  compelled  to  pay  costs  except 
after  conviction,  on  a  final  trial. 

Sec.  13.  The  people  shall  have  the  right  to  assemble  to- 
gether to  consult  for  the  common  good,  to  instruct  their  rep- 
resentatives, and  to  petition  the  Legislature  for  redress  of 
grievances. 

Sec.  14.  No  person  shall  be  imprisoned  for  debt  except  in 
cases  of  fraud. 

Sec.  15.  No  bill  of  attainder,  or  ex  pod  facto  law,  nor  any 
law  impairing  the  obligation  of  contracts,  shall  ever  be  passed. 

Sec.  16.  That  foreigners  shall  have  the  same  rights  as  to  the 
ownership,  inheritance  and  disposition  of  propert}^  in  this  State 
as  citizens  of  the  State. 

Seo.  17.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall  have  been 
duly  convicted,  shall  ever  be  tolerated  in  this  State. 

Sec  18.  The  right  of  the  people  to  bear  arms  in  defence  of 
themselves  and  the  lawful  authorit}^  of  the  State,  shall  not  be 
infringed,  but  the  Legislature  ma}'  prescribe  the  manner  in 
which  they  may  be  borne. 

Sec.  19.  The  military  shall  in  all  cases  and  at  all  times  be 
in  strict  subordination  to  the  civil  power. 

Sec.  20.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects  against  unreasonable  seizures 
and  searches,  shall  not  be  violated  ;  and  no  warrants  issued 
but  upon  probable  cause,  supported  by  oath  or  affirmation, 
particularly  describing  the  place  or  paces  to  be  searched,  and 
the  person  or  persons,  and  thing  or  things  to  be  seized. 

Sec.  21.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  adhering  to  its  enemies,  or  giving  them  aid 
and  comfort ;  and  no  person  shall  be  convicted  of  treason  ex- 
cept on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  confession  in  open  court,  and  no  conviction  for  treason  shali 
work  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  22.  No  preference  shall  be  given  by  law  to  any  church, 
sect  or  mode  of  worship,  and  no  money  shall  ever  be  taken  from 
the  public  treasur^^  directly  or  indirectl^^n  aid  of  any  church, 
sect  or  religious  denomination,  or  in  aid  of  any  sectarian  insti- 
tution. 

Sec.  23.  All  courts  in  this  Sta^e  shall  be  open,  and  every  per- 
son for  aiX\y  injury  done  him  in  his  lands,  goods,  person  or  repu- 
tation shall  have  remed}',  by  due  course  of  law,  and  right  and 
justice  shall  be  administered  without  sale,  denial  or  delay. 


192 


Sec.  24.  This  enunciation  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

Mr.  Milton  gave  notice  that  he  would  call  up  the  Preamble 
and  Bill  of  Rights  for  a  third  reading  on  Friday. 

Mr.  Speer,  Chairman  of  the  Committee  on  Temperance,  asked 
leave  to  make  a  report ; 

Which  was  granted. 

Mr.  Speer  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  June  30,  1885. 
Hon.  Samuel  Pasco, 

Pre^iident  of  the  Convention  : 

Sir  :  Your  Committee  on  Temperance  to  whom  was  re- 
ferred— 

Sundry  Memorials,  Petitions  and  Resolutions,  signed  by 
many  thousands  of  our  citizens  from  all  parts  of  the  State, 
asking  and  urging  the  serious  consideration  of  restraining  and 
regulating  the  sale  of  intoxicating  liquors  in  the  State  of 
Florida;  have  had  the  same  under  consideration,  and  beg  to 
present  the  accompanying  Ordinance  "  as  a  substitute  there- 
for, and  recommend  its  adoption  by  the  Convention— and 
also  recommend  that  this  Ordinance  shall  not  form  a  part  of 
this  Constitution  until  its  submission  to  the  voters  of  the 
State,  seperate  from  this  Constitution,  and  its  acceptance  by 
them  at  an  election  to  be  held  for  the  ratification  of  this  Con- 
stitution. Very  respectfully, 

J.  G.  Speer, 
J  Chairman  Committee. 

AN  ORDINANCE  NO.  — 

Section  1.  The  Board  of  Count}^  Commissioners  of  each 
county  in  this  State  shall  order  an  election  to  be  held  on  the 
first  Tuesday  after  the  first  Monday  in  September,  A.  D.  1887^ 
and  every  two  years  thereafter,  to  determine  whether  intoxi- 
cating liquors,  either  spirituous,  vinous  or  malt,  shall  be  sold 
in  the  county  within  the  period  of  two  years  from  the  holding 
of  said  election.  The  question  to  be  determined  in  the  nega- 
tive by  a  majorit}^  vote  of  those  voting  at  said  election.  Elec- 
tions under  this  section  shall  be  conducted  in  the  same  manner 
provided  by  law  for  holding  general  elections. 

Sec.  2.  The  Legislature,  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  shall  provide  necessary  laws  to  en- 
force the  provisions  of  this  Ordinance. 

Which  was  read,  and  the  report  and  accompanying  papers 
were  placed  among  the  orders  of  the  day. 

On  motion.  200  copies  of  the  Article  were  ordered  printed. 


193 


President  Pasco  called  Vice-President  Yonge  to  the  chair. 
Article  YI,  on  homestead  exemption,  came  up  for  considera- 
tion. 

Section  1  was  read. 

Mr.  Walter  offered  the  following  amendment  : 

Insert  on  line  five,  after  the  word  thereon,"  "  to  the  value 
'  of  twentj^-five  hundred  dollars  " 

Mr.  Hicks  olTered  the  following  substitute  : 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  land,  or  the  half  of  one  acre  of  land  within  the 
limits  of  any  incorporated  city  or  town,  owned  b}^  the  head  of 
a  family  residing  in  this  State,  together  with  one  thousand  dol- 
lars worth  of  personal  property,  and  the  improvements  on  the 
real  estate,  shall  be  exempted  from  forced  sale  under  au}^  pro- 
cess of  law,  and  the  real  estate  shall  not  be  alienable  without 
the  joint  consent  of  husband  and  wife,  when  that  relation  exists. 
But  no  property  shall  be  exempt  fr©m  sale  for  taxes,  or  for  the 
payment  of  obligations  contracted  for  the  purchase  of  said 
premises,  or  for  the  erection  of  improvements  thereon,  or  for 
house.fieldor  other  labor  performed  on  the  same.  The  exemption 
herein  provided  for  a  city  or  town  shall  not  extend  to  moreim- 
provements  or  buildings  than  the  residence  and  business  house 
of  the  owner. 

Sec.  2.  The  exemptions  here  provided  for  in  section  one  shall 
accrue  to  the  heirs  of  the  party  entitled  to  such  exemption,  and 
shall  apply  to  all  debts,  except  as  specified,  no  matter  when  or 
where  contracted  or  incurred. 

Mr.  Clarke,  of  Jeff'erson.  offered  the  following  amendment 
to  the  substitute : 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  cf  land,  or  the  half  of  one  acre  within  the  limits  of 
any  incorporated  city  or  town,  owned  by  the  head  of  a  family 
residing  in  this  State,  together  with  one  thousand  dollars  worth 
of  personal  propert}^,  and  the  improvements  on  the  real  estate, 
shall  be  exempted  from  forced  sale  under  any  process  of  law, 
and  the  real  estate  shall  not  be  alienable  without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists.  But 
no  property  shall  be  exempt  from  sale  for  taxes,  or  for  the 
payment  of  obligations  contracted  for  the  purchase  of  said 
property,  or  for  the  erection  or  repair  of  improvements  on- 
the  real  estate  exempted,  or  for  house,  field  or  other  labor  per- 
formed on  the  same.  The  exemption  herein  provided  for  in  a 
city  or  towa  shall  not  extend  to  more  improvements  or  build- 
ings than  the  residence  and  business  house  of  the  owner  ; 

Which  was  accepted. 

Mr.  Clarke,  of  Jefferson,  moved  that  the  Article  YI,  as  re- 
13 


194 


ported  b}^  the  committee  and  printed,  and  the  substitute  offered 
by  Mr.  Hicks,  be  read  and  considered  by  sections. 

Mr.  Maxwell  moved  that  all  amendments  and  substitutes  of- 
fered, be  read  and  spread  upon  the  Journal,  and  all  further  ac- 
tion thereon,  be  deferred  until  to-morrow  ; 

Which  was  agreed  to. 

Mr.  Broome  offered  the  following  amendment : 
Strike  "  person "  on  fourth   line   and   insert   "  head  of 
family." 

Mr.  Taylor  offered  the  following  amendment : 
In  line  2  of  Section  1,  strike  out    held  for  agricultural  pur- 
poses and  for  residence  "  and  insert     resided  upon." 

Mr.  Wilson,  of  Polk  and  Manatee,  offered  the  following 
amendment : 

There  shall  be  exempt  from  levy  and  sale,  by  virtue  of  any 
process  whatever  under  the  laws  of  this  state,  except  as  here- 
inafter excepted,  of  the  property  of  everj^  head  of  a  family,  or 
guardian,  or  trustee  of  a  family  of  minor  children,  or  every 
aged  or  infirm  person  or  persons  having  the  care  and  support 
of  dependent  females  of  any  age,  who  is  not  the  head  of  a 
family,  realty  or  personalty  or  both,  to  the  value  in  the  aggre- 
gate of  four  thousand  dollars. 

Mr.  Blackburn  offered  the  following  amendment: 
Provided^  That  any  person  or  persons  shall  have  the  right 
to  waive  all  homestead  and  exemption  privileges  on  au}^  part 
or  the  whole  of  his,  her,  or  their  personal  property,  in  writing, 
for  any  specified  or  conditioned  sum  of  money,  and  the  said 
waiver  shall  be  valid  in  law,  after  being  signed  and  sealed,  in 
the  presence  of  two  subscribing  witnesses,  by  the  debtor  or 
the  husband  and  wife,  when  that  relation  exists. 

Mr.  Randell,  of  Madison,  offered  the  following  amendment : 
Section  1,  in  line  1,  strikeout  "  one  hundred  and  sixty, " 
and  insert    eighty.  " 

Mr.  Randell,  of  Madison,  offered  the  following  amendment : 
Section  2,  in  line  2,  strike  out  "  one  thousand  dollars  "  and 
insert  "five  hundred  do'Uars.  " 

Mr.  Blackburn  offered  the  following  amendment : 
Add  after  the  word  premises,  "or  for  rents  due,  or  to  be- 
come due  on  real  estate.  " 

Mr.  Challen  offered  the  following  amendment  : 
Insert  after  the  word  "  person,"  in  the  fourth  line  the  words 
^'  being  the  head  of  a  family." 

Mr.  Bell,  of  Brevard,  offered  the  following  amendment  : 
Strike  out  line  2  from  "  agricultural  "  to  word  "  thereof." 
Mr.  Goodbread  offered  the  following  amendment  : 
Resolved^  That  there  shall  be  exempt  from  forced  sale  under 


195 


or  by  virtue  of  any  legal  process  whatever,  except  in  cases 
hereinafter  provided  for  b}'  this  constitution,  property  of  the 
head  of  every  family  to  the  value  in  the  aggregate  of  fifteen 
hundred  dollars. 

Mr.  Blount  offered  the  following  substitute  : 

Amend  Article  YI  by  striking  out  sections  1,  2,  3,  4  and  5, 
and  inserting  in  lieu  thereof  the  following,  to  wit  : 

Sec.  1.  A  homestead  owned  or  held  by  the  head  of  a  family 
residing  in  this  State  and  occupied  by  him  or  her  and  the  said 
famil}^  of  a  value  not  exceeding  two  thousand  ($2,000)  dollars 
shall  be  exempt  from  forced  sale  under  an}^  process  of  law. 
It  shall  not  be  alienable,  except  b}^  the  joint  conveyance  of  hus- 
band and  wife,  when  that  relation  exists.  There  shall  be  like- 
wise exempt  to  such  head  of  a  family  personal  property  of  a 
value  not  exceeding  one  thousand  dollars. 

Sec.  2.  No  propert}'-  shall  be  exempt  from  sale  for  taxes  or 
from  forced  sale  for  the  payment  of  the  purchase  money  there- 
of, or  for  the  payment  for  any  labor  thereon,  or  on  account 
thereof. 

Sec.  3.  The  benefit  of  the  said  homestead  and  exemption 
shall,  upon  the  death  of  the  owner  or  holder,  enure  in  favor  of 
his  widow  and  minor  children ;  but  upon  the  marriage  or  death  of 
the  former,  or  the  majority  or  death  of  all  the  latter,  the  said 
property  shall  be  subject  to  the  payment  of  such  debts  of  the 
deceased  head  of  the  family  as  shall  not  then  be  barred  by  the 
statute  of  limitations.  If  the  family  of  which  the  said  owner 
or  holder  shall  be  head  be  composed  of  a  person  or  persons 
other  than  a  wife  and  children,  or  if  any  of  the  children  shall, 
after  their  majority,  be  incapable  of  supporting  themselves, 
the  benefit  of  such  homestead  and  exemption  shall  enure  to 
such  famil}'  and  the  members  thereof,  or  to  such  children,  until 
the  necessity  therefor  shall  cease  to  exist,  when  the  said  prop- 
erty shall  be  subject  to  the  payment  of  debts  as  aforesaid. 
Mr.  Baker  offered  the  following  amendment : 
The  husband  ma}^  insure  his  own  life  for  the  sole  use  and 
benefit  of  his  wife  and  the  children.  In  case  of  the  death  of 
the  husband,  the  amount  thus  insured  shall  be  paid  over  to  the 
wife  and  children,  or  to  the  guardian,  if  under  age,  for  her  or 
their  own  use,  free  from  all  the  claims  of  the  representatives  of 
the  husband,  or  any  of  his  creditors. 

Mr.  Morgan  offered  the  following  amendment : 
Amend  by  adding  a  new  section  after  Section  2  : 
Section  — .  The  debtor  shall  have  power  to  waive  or  renounce 
in  writing  his  or  her  right  to  the  benefit  of  the  exemption 
provided  for  in  this  Article,  except  as  to  wearing  apparel,  house- 
hold and  kitchen  furniture  and  provisions,  not  to  exceed  the 


196 


amount  of  four  hundred  dollars,  to  be  selected  by  himself  and 
his  wife,  if  any,  or  by  the  head  of  the  family  if  no  marriage 
relation  exists,  and  they  shall  not,  after  it  is  set  apart,  alien- 
ate or  encumber  the  property  so  set  apart  or  exempt ;  but  it 
may  be  sold  by  the  debtor  and  his  wife  (if  any),  with  the  con- 
sent of  each,  and  the  proceeds  shall  be  reinvested  for  the  same 
uses. 

Mr.  Orman  offered  the  following : 

A  homestead  embracing  not  exceeding  one  hundred  and 
sixty  acres  of  land,  or  not  exceeding  one-half  of  one  acre 
within  the  limits  of  an  incorporated  city  or  town,  owned  or 
held  by  the  head  of  a  family  residing  in  this  State,  and  the 
improvements  thereon  shall  be  exempt  from  levy  and  forced 
sale  under  process  of  any  court  except  as  hereinafter  men- 
tioned, and  the  same  shall  not  be  alienable  unless  by  the  con- 
sent of  both  husband  and  wife  when  such  relation  exists.  The 
improvements  exempt  within  a  city  or  town  shall  include  one 
dwelling- iiouse  of  the  owner  or  holder  and  his  or  her  family^ 
with  the  appurtenances  thereto,  and  no  judgment  or  decree 
shall  be  a  lien  upon  any  exempt  property  except  as  pro- 
vided in  this  Article. 

Mr.  Bush  offered  the  following  amendment  : 

Strike  out  in  2d  line  the  words  "  for  agricultural  purposes 
and  for  residence." 

Mr.  Lesley  offered  the  following  amendment  : 

Strike  out  in  section  one,  second  line,  after  the  word  "  pur- 
pose," the  words  ''and  for,"  and  insert  the  word  "  or." 

Mr.  Bush  offered  the  following  amendment : 

Strike  out  in  the  second  line  the  words  "  widow  and  minor 
children  "  and  insert  in  place  thereof  the  word  "heirs." 

Mr.  Wellman  offered  the  following  amendment : 

Strike  out  "  one  hundred  and  sixty,"  in  line  one,  and  insert 
"  eighty."  Insert  in  line  two,  after  the  word  "  thereof,"  "Pro- 
vided^  The  valuation  does  not  exceed  two  thousand  dollars." 

Mr.  Clark,  of  Jackson,  offered  the  following  amendment : 

In  line  2,  section  2,  strike  out  "  one  thousand  "  and  insert 
"  five  hundred." 

Mr.  Clark,  of  Jacksod,  offered  the  following : 

Sec.  4.  Nothing  in  this  Article  shall  be  construed  to  prevent 
any  person  from  disposing  of  any  personal  property  exempted 
nnder  this  Article  by  sale,  mortgage,  lien  or  otherwise. 

Mr.  Clark,  of  Jackson,  offered  the  following  substitute  for 
Section  1,  Article  VI  : 

A  homestead  embracing  not  exceeding  one  hundred  and 
sixty  acres  of  land  held  for  agricultural  purposes,  and  for  res- 
idence by  the  owner  or  holder  thereof;  or  not  exceeding  one- 


197 


lialf  of  one  acre  within  the  limits  of  any  town  or  city,  held  and 
occupied  b}'  any  person  residing  in  this  State,  and  who  shall 
be  head  of  a  family,  with  the  improvements  thereon,  shall  be 
exempt  from  forced  sale  under  process  of  any  court,  except  as 
hereinafter  mentioned,  and  the  same  shall  not  be  alienable  un- 
less by  the  joint  consent  of  husband  and  wife,  where  such  re- 
lation exists  The  improvements  exempted  within  a  city  or 
town,  shall  include  but  one  dwelling  house  with  the  appurten- 
ances thereto  belonging,  which  shall  be  the  home  of  the  per- 
son so  exempting,  and  no  judgment  or  decree  shall  be  a  lien 
upon  any  property  exempted  under  this  section,  except  as 
provided  for  in  this  Article  ;  Provided,  That  the  exemption 
herein  provided  for  shall  not  be  encumbered  by  any  mortgage 
or  other  lien  for  any  debt  except  for  the  purchase  or  improve- 
ments thereon. 

Mr.  Turnbull  offered  the  following  substitute  for  section  6  : 
Homesteads  and  exemptions  of  personal  propert}',  which  have 
been  heretofore  set  apart  by  virtue  of  the  provisions  of  the 
existing  Constitution  of  this  State,  and  in  accordance  with 
the  laws  for  the  enforcement  thereof,  or  which  may  be  here- 
after so  set  apart,  at  any  time  shall  be  and  remain  valid  as 
a-gainst  ail  debts  and  liabilities  existing  at  the  time  of  the 
adoption  of  this  Constitution,  to  the  same  extent  that  they 
would  h  ive  been  had  said  existing  Constitution  not  been  re- 
vised. 

Mr.  Randall,  of  Duval,  offered  the  following  amendment  : 
Amend  by  inserting  in  line  two  after  the  word  ••  residence  " 

the  words    or  held  for  residence  only.-' 

Mr,  Clarke,  of  Jefferson,  offered  the  following  amendment  to 

section  2  : 

The  exemptions  provided  for  in  the  foregoing  section  shall 
accrue  to  the  heirs  of  the  party  having  enjo^'ed  or  taken  the 
benefit  of  such  exemption. 

Mr.  Humphries  offered  the  following  substitute  for  section  1  : 
Sec.  1.  A  homestead  embracing  not  exceeding  forty  acres  of 
land  held  for  agricultural  purposes  and  for  residence,  or  not 
exceeding  one-half  of  one  acre  within  the  limits  of  an  incorpo- 
rated cit}^  or  town  held  by  any  person  residing  in  this  State, 
and  occupied  by  him  or  her  as  a  home  for  himself  or  herself 
and  family,  and  the  improvements  thereon,  shall  be  exempt 
from  forced  sale  under  process  of  an}^  court  except  as  here- 
inafter mentioned  ;  Provided^  That  the  said  lands  shall  not 
exceed  five  thousand  dollars  in  value,  and  that  the  same  shall 
not  be  alienable  unless  by  the  consent  of  both  husband  and 
wife,  where  such  relation  exists. 


198 


Mr.  Humphries  offered  the  followwing  amendment  to  Sec- 
tion 2  : 

In  line  two  striiie  ''one  thousand"  and  insert  "five  hun- 
dred." 

Mr.  Thompson  offered  the  following  amendment : 

Add  after  "  premises  "  in  third  section,  line  4,  "  or  for  any 

manual  labor  performed  by  any  person  or  persons  for  the  owner 

or  owners  of  a  homestead." 

Mr.  Walter  offered  the  following: 

Section  1.  A  homestead  to  the  extent  of  one  hundred 
and  sixty  (160)  acres  of  land,  or  the  half  of  one  (1)  acre 
within  the  limits  of  any  incorporated  city  or  town,  owned  by 
the  head  of  a  family  residing  in  this  State,  together  with  the  im- 
provements on  the  real  estate,  shall  be  exempt  from  forced 
sale  to  the  extent  of  $2,500  in  value,  under  any  process  of  law  ; 
and  the  real  estate  shall  not  be  alienable  without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists,  but 
no  property  shall  be  exempt  from  sale  for  taxes,  or  for  the 
payment  of  obligations  contracted  for  the  purchase  of  said 
premises,  or  for  the  erection  of  improvements  thereon,  or  for 
house,  field  or  other  lab®r  performed  on  the  same.  The  ex- 
emption herein  provided  for  in  a  city  or  town  shall  not  ex- 
tend to  more  improvements  than  the  residence  and  business 
house  of  the  holder. 

Sec.  2.  In  ad  iition  to  the  exemption  provided  for  in  the 
first  Section  of  this  Article,  there  shall  be  and  remain  exempt 
from  sale  by  any  legal  process  in  this  State,  to  the  head  of  a 
famil}^  residing  in  this  State,  such  property  as  he  or  she  may 
select  to  the  amount  of  one  thousand  (1,000)  dollars.  Noth- 
ing herein  contained  shall  be  so  construed  as  to  exempt  any 
property  from  sale  for  the  payment  of  the  purchase  mone}^ 
of  the  same,  or  for  payment  of  taxes  or  labor. 

Sec.  3.  The  exemptions  provided  for  in  Sections  one  (1)  and 
two  (2)  of  this  Article  shall  accrue  to  the  heirs  of  the  party 
having  enjoyed  or  taken  the  benefit  of  such  exemption,  and 
the  exemption  provided  for  in  Section  one  (1)  of  this  Article 
shall  apply  to  all  debts,  except  as  specified  in  said  section,  no 
matter  when  or  where  the  debt  was  contracted  or  liability  in- 
curred. 

Sec.  4.  Where  the  property  is  worth  more  in  amount  than 
three  thousand  (3,000)  dollars  and  is  sold  to  pay  a  judgment, 
decree  or  other  indebtedness,  there  sh-all  be  first  paid  to  the 
head  of  the  family  the  four  thousand  (4,000)  dollars  so  exempt 
in  the  first  (1)  and  second  (2)  Sections. 

Mr.  Pasco  offered  the  following  amendments  to  the  Article 
as  reported  by  the  committee  : 


199 


Amend  Article  YI,  Section  2,  by  inserting  after  "  every 
in  first  line   "  such,"  and  striking  out  "  or  householder  "  in 
second  line,  add  in  third  line  after    law  "  "  but  such  head  of  a 
family  shall  have  the  right  to  dispose  of  the  property  included 
in  such  exemptions." 

Section  3.  Substitute  "same"  for  "premises"  in  fourth 
line,  and  add  or  for  claims  against  tenants  and  laborers  for 
rent  and  advances." 

Sec.  5.  Amend  so  that  it  will  read  :  "  The  homestead  shall 
descend  upon  the  death  of  the  head  of  the  family  according  to 
the  rules  of  descent,  but  there  shall  be  no  partition  thereof 
during  the  life  of  the  widow  and  the  continuance  of  her  widow- 
hood, except  with  her  consent." 

Mr.  Sanchez  offered  the  following  amendment  : 
The  homestead  and  exemption  provided  for  by  the  Consti- 
tution of  1868  is  hereby  recognized,  and  when  personal  prop- 
erty has  been  exempted,  or  real  propert}^  has  been  used  as  a 
homestead  or  impressed  with  that  character,  or  set  aside  as 
provided  by  law,  shall  continue  and  inure  to  the  heirs  of  the 
part}^  having  enjoyed  the  benefits  of  such  homestead. 
Mr.  Lesley  offered  the  following  amendment  : 
Strike  out  in  fourth  line,  section  1,  after  the  word  "  her," 
the  words  "  as  a  home." 

Mr.  offered  the  following  substitutes  to  sections 

1,  2  and  S  : 

Section  1.  The  personal  property  of  any  resident  of  this 
State,  who  is  the  head  of  a  family,  to  be  selected  by  such  resi- 
dent, not  exceeding  in  value  one  thousand  dollars,  shall  be  ex- 
empt from  sale  on  execution  or  other  process  issued  for  the  col- 
lection of  debt  created  or  incurred  after  the  adoption  of  this 
Constitution. 

Sec.  2.  Any  resident  of  this  State  who  is  the  head  of  a  fam- 
ily may  select,  own  and  occupy  a  homestead,  which  shall  be  ex- 
empt from  the  lien  of  any  judgment  or  decree  of  any  court,  or 
from  sale  on  execution  or  other  process  issued  from  any  court 
for  the  collection  of  any  debt  created  or  incurred  after  the 
adoption  of  this  Constitution  ;  Pr^ovided,  That  such  home- 
stead shall  not  be  exempt  from  taxes  or  assessments,  or  from 
debts  contracted  for  the  purchase  thereof,  or  the  erection  of 
improvements  thereon,  or  the  performance  of  labor  thereon. 

Sec.  3.  i'he  homestead  outside  of  any  city,  town  or  village, 
owned  and  occupied  as  a  residence  shall  consist  ot  not  exceed- 
ing one  hundred  and  sixty  acres  of  land  or  less,  with  the  im- 
provements thereon  to  be  selected  by  the  owner ;  provided  the 
same  shall  not  exceed  in  value  twenty-five  hundred  dollars, 


200 


and  in  no  event  shall  the  homestead  be  reduced  to  less  than 
eighty  acres  without  regard  to  value. 

Sec.  4.  The  homestead  in  any  city,  town  or  village  owned 
and  occupied  as  a  residence  shall  consist  of  not  exceeding  one 
half  acre  of  land  with  the  improvements  thereon,  to  be  selected 
by  the  owner,  provided  the  same  shall  not  exceed  the  sum  of 
twenty-five  hundred  dollars,  and  in  no  event  shall  such  home- 
stead be  reduced  to  less  than  one  quarter  of  an  acre  without 
regard  to  value. 

Sec.  5.  If  the  owner  of  a  homestead  die  intestate  the  home- 
stead shall  be  exempt  from  his  debts  and  descend  to  his  heirs 
in  accordance  with  the  statute  of  descents  that  now  is  or  here- 
after may  be  of  force  in  this  State. 

Mr.  Coker  offered  the  following  amendment : 

Amend  section  I,  in  line  six,  after  the  word  "  mentioned,"  by 
inserting  "  not  to  exceed  in  value  two  thousand  dollars." 

Mr.  Rogers  offered  the  following  amendment : 

Amend  section  1,  Article  VII,  by  adding  in  fifth  line  after 
the  word  "  thereon  "  "  not  to  exceed  in  value  one  thousand 
dollars." 

Mr.  Campbell  offered  to  amend  as  follows  : 

Strike  out  all  from  ''land,"  in  first  line  to  word  "  and  "  in 
second  line  of  original.  / 

Mr.  Gross  offered  the  following  amendment : 

That  the  improvement  shall  not  exceed  twenty-five  hundred 
dollars  including  the  lot  or  land. 

Mr.  Taylor  offered  the  following  substitute  : 

ORDINANCE  NO.  — . 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  land,  or  the  half  of  one  acre  within  the  limits  of 
any  incorporated  city  or  town,  owned  by  the  head  of  a  family 
residing  in  this  State,  together  with  five  hundred  dollars  worth 
of  personal  property,  shall  be  exempted  from  forced  sale  under 
any  process  of  law,  and  the  real  estate  shall  not  be  alienable 
without  the  joint  consent  of  husband  and  wife,  when  that  rela- 
tion exists.  But  no  property  shall  be  exempt  from  sale  for 
taxes,  or  for  the  payment  of  obligations  contracted  for  the  pur- 
chase of  said  property,  or  for  the  erection  of  improvements  on 
the  real  estate,  or  for  house,  field  or  other  labor  performed  on 
the  real  estate  ;  Provided^  That  the  value  of  such  real  estate 
shall  not  exceed  three  thousand  dollars,  to  be  ascertained  bj- 
proceedings  to  be  provided  by  law. 

Sec.  2.  The  homestead  and  exemption  provided  for  in  section 
one  of  this  Article  shall  accrue  to  the  widow,  minor  heirs,  and 
feme  ^ole  heirs  of  the  party  who  shall  have  enjoyed  or  taken 


201 


the  benefit  of  such  homestead  or  exemption  ;  and  the  exemp- 
tions provided  for  in  section  one  of  this  Article  shall  apply  to 
all  debts,  except  as  specified  in  said  section,  no  matter  when  or 
where  the  debt  was  contracted  or  liabilitj^  incurred. 

Mr.  Hausman  offered  the  following  amendment  to  Article 
VI: 

Section  1,  in  line  five,  after  the  words  "  improvements  there- 
on "  insert  "  not  to  exceed  1,000  dollars."  Section  2  ,  in  line 
two,  strike  out    1,000  "  and  insert  "  500." 

Mr.  McCaskill  offered  the  following  amendment  : 
Insert  after  the  word    mentioned,"  in  sixth  line,  "  Provided^ 
All  realty  and  personalty  doe^  not  exceed  ($1,000.00)  one 
thousand  dollars." 

Mr.  Lesley  offered  the  following  amendment : 
In  eighth  line,  section  1,  after  the  word  "  dwelling  house  " 
insert  "  or  other  buildings,"  and  in  same  line  after  the  word 
*'  family  "  the  words  "  to  the  value  of  five  thousand  dollars." 
Mr.  Wellman  offered  the  following  amendment : 
Strike  out  in  lines  one  and  three    any  person  "  and  insert 
each  head  of  a  family." 

Mr.  Fowler  offered  the  following  substitute  to  Sections  1 
and  2  : 

HOMESTEAD  EXEMPTIONS. 

Section  1.  A  homestead  containing  not  exceeding  eighty 
(80)  acres  of  land,  or  not  exceeding  one-fourth  {^)  of  an  acre 
of  land  within  the  limits  of  an  incorporated  city  or  town,  held 
by  any  person  being  the  head  of  a  family  residing  in  this  State 
and  used  and  occupied  by  him  or  her  as  a  home  for  himself  or 
herself  and  family,  together  with  all  the  improvements  and  ap- 
purtenances thereon,  shall  be  exempt  from  levy  and  forced  sale 
under  process  of  any  court,  except  as  hereinafter  provided  and 
mentioned,  and  the  same  shall  not  be  alienable  unless  by  the 
consent  of  husband  and  wife,  where  that  relation  exists,  and 
no  judgment  or  decree  shall  be  a  lien  upon  such  exempted 
property,  except  as  provided  in  this  Article. 

Sec.  2  There  shall  also  be  exempted  from  such  lev}'  and 
forced  sale  to  every  head  of  a  family  or  homesteader  residing 
in  this  State,  personal  property  to  the  value  of  seven  hundred 
dollars,  the  same  to  be  selected  by  such  head  of  a  familj^  in  the 
manner  provided  by  law. 

Mr.  Johnston  offered  the  following  substitute  for  Section  1, 
Article  YI : 

A  homestead  embracing  not  exceeding  one  hundred  and 
sixty  acres  of  land,  held  for  agricultural  purposes  and  for  res- 
idence b}^  the  owner  or  holder  thereof;  or  not  exceeding  one 


202 


acre  within  the  limits  of  an  incorporated  city  or  town,  held  by 
any  person  residing  in  this  State,  and  occupied  by  him  or  her 
as  a  house  for  himself  or  herself  and  family  shall  be  set  apart 
as  a  homestead.  And  no  court  or  ministerial  officer  in  this 
State  shall  ever  have  jurisdiction  or  authority  to  enforce  any 
judgment,  decree  or  execution  against  said  property  so  set 
apart,  including  such  improvements  as  ma}^  be  made  thereon 
from  time  to  time,  except  for  taxes,  money  borrowed  and  ex- 
pended in  the  improvement  of  the  homestead,  or  for  the  pur- 
chase money  of  the  same,  and  for  labor  done  thereon  or  mate- 
rial furnished  therefor  or  removal  of  encumbrance  thereon. 
And  it  shall  be  the  duty  of  the  Legislature  as  early  as  practi- 
cable to  provide  by  law  for  the  setting  apart  of  said  property, 
and  to  enact  laws  for  the  full  and  complete  protection  and 
security  of  the  same  to  the  sole  use  and  benefit  of  said  families 
aforesaid,  and  the  same  shall  not  be  alienable  unless  by  the 
consent  of  both  husband  and  wife  when  such  relation  exists. 

Mr.  Morgan  offered  to  amend  Section  3  as  follows  : 

After  the  word  "  premises  "  in  fourth  line,  add  "  or  for 
supplies  furnished  by  merchants." 

Mr.  Bennett  moved  to  reconsider  the  vote  by  which  it  was 
agreed  to  defer  further  action  on  Article  VI  until  to-morrow. 

Mr.  Johnston  moved  to  lay  the  motion  to  reconsider  on  the 
table  ; 

Which  was  agreed  to. 

Article  VII,  on  Married  Women's  Property,  came  up  for 
consideration. 

Section  1  was  read. 

Mr.  Orman  moved  its  adoption. 

Mr.  Blount  offered  the  following  substitute  for  Section  1  : 
Every  woman  now  married  or  who  shall  hereafter  be  mar- 
ried shall  have  the  same  capacity  to  hold,  manage,  control,  use, 
enjoy,  dispose  of,  devise  and  bequeath  all  property  real  and 
personal  in  possession  or  expectancy,  and  to  make  any  con- 
tract and  to  bind  herself  personally,  and  to  sue  and  be  sued, 
with  all  the  rights  and  liabilities  incidental  thereto,  as  if  she 
were  not  married  ; 
Which  was  read. 

The  question  was  upon  the  adoption  of  the  substitute. 
Mr.  Hocker  offered  the  following  amendment  to  the  substi- 
tute : 

Section  1,  Article  VII,  insert  the  words  "to  acquire" 
before  the  words  "  to  hold 
Which  was  accepted. 

Mr.  Taylor  offered  the  following  amendment  to  the  sub- 
stitute : 


208 


Provided,  That  a  married  woman  shall  never  be  held  per- 
sonall}^  liable  for  any  contract  entered  into  by  her  as  security 
for  her  husband,  or  for  any  contract  the  consideration  for 
which  enured  to  the  benefit  of  any  other  person  than  herself; 

Which  was  accepted. 

Mr.  Baker  moved  that  the  substitute  and  amendments  offered 
be  spread  upon  the  Journal,  and  further  action  thereon  be  de- 
ferred until  to-morrow. 

Mr.  Sanchez  moved  t  )  lay  the  motion  on  the  table  ; 

Which  was  agreed  to. 

The  question  was  on  the  adoption  of  the  substitute  as 
amended. 

Mr.  Johnston  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  Section  1,  as  reported 
by  the  committee. 

Mr.  McClellan  offered  to  amend  as  follows  : 

In  line  3  strike  out  all  of  the  section  after  the  word  "  hus- 
band." 

Mr.  Hocker  offered  the  following  substitute  for  Section  1  : 
All  property,  both  real  and  personal  of  the  wife,  owned  by 
her  before  marriage  or  acquired  afterward  by  gift,  devise,  de- 
scent, purchase  or  by  her  labor  or  skill,  shall  be  her  separate 
property,  and  not  liable  for  the  debts  of  her  husband. 
The  question  was  upon  the  adoption  of  the  substitute. 
Mr.  Humphries  offered  to  amend  the  substitute  as  follows  : 
Add  "  without  her  consent  given  by  some  instrument  execu- 
ted according  to  the  law  respecting  conveyances  by  married 
women 

Which  was  accepted. 

Mr.  Goss  offered  to  amend  the  substitute  as  follows: 

That  the  property  of  the  nusband  be  not  liable  to  the  debts 
or  contracts  of  the  wife. 

Mr.  Tolbert  moved  to  lay  the  substitute  and  amendment  to 
substitute  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Rogers  moved  that  Section  1,  as  reported  by  the  com- 
mittee, be  adopted  ; 
Which  was  agreed  to, 
Section  1  was  then  passed  as  reported. 

Upon  motion  the  Convention  took  a  recess  until  8  o'clock 
p.  m.  to-day. 


204 


EIGHT  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Chailen,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cock,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Goodbread,  Goss,  Green,  Hatch,  Hausman,  Hendley,  Hender- 
son, Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutter- 
loh,  Malone,  Mann,  Marshall,  Miller,'  Milton,  Mitchell,  Mor- 
gan, McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros, 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Randall  of  Duval, 
Randell  of  Madison,  Randolph,  Richard,  Robertson,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Swearingen,  Tedder, 
Tolbert,  Turnbull,  Wadsworth,  Wall,  Walter,  Weeks,  Well- 
man,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 97. 

A  quorum  present. 

Mr.  McKinnon  moved  that  the  Sergeant-at-Arms  be  required 
to  furnish  extra  lights  sufficient  for  the  use  of  the  Conven- 
tion ; 

Which  was  agreed  to. 

The  Convention  resumed  the  consideration  of  Article  YII, 
on  Married  Women's  Property. 
Section  2  was  read. 

Mr.  Lesley  offered  the  following  amendment : 
Add  after  the  last  word  in  sixth  line.  Section  2,  the  words 
with  her  knowledge  and  consent ;" 
Which  was  read. 

The  question  was  upon  the  adoption  of  the  amendment ; 
Which  was  accepted. 

Mr.  Marshall  offered  to  amend  further  as  follows  : 
Strike  out  in  line  5  after  her,     knowledge  or  asssent  "  and 
insert  **  consent  in  writing 

Which  was  read  and  withdrawn. 

Mr.  Clarke,  of  Jefferson,  moved  as  a  substitute  that  the 
whole  section  and  amendment  be  stricken  out. 

The  question  was  upon  the  adoption  of  the  substitute  to 
strike  out ; 

Which  was  not  agreed  to. 

Mr.  Sheats  offered  to  amend  as  follows  : 

Amend  line  3  by  striking  out  "  for  money  or  thing  due 


205 


Which  was  not  agreed  to. 
Mr.  Pelot  offered  the  following  amendment : 
Add  after thereon in  last  line  of  Section  2,  Article  7^ 
Provided^  Such  obligation  or  indebtedness  shall  have  been 
incurred  with  the  consent  of  her  husband." 

Mr.  Malone  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Hicks  offered  the  following  substitute: 

The  rents  and  profits  of  a  married  woman's  real  and  person- 
al property  may  be  sequestered  upon  any  agreement  made  in 
writing  signed  by  her  husband  and  herself  for  the  benefit  of 
her  separate  property. 

Mr.  Malone  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  agreed  to. 

Section  2  was  then  passed  as  amended . 

Mr.  Broome  offered  the  following  additional  section  : 

Sec.  — .  In  order  to  entitle  a  married  woman  to  take  advan- 
tage of  the  exemption  from  liability  contained  in  section  1,  a 
deed  or  inventor}^  of  her  property  must  be  recorded  in  the 
Clerk's  office  of  the  county  in  which  such  property  is  situ- 
ated : 

Which  was  read. 

Mr.  Mann  moved  to  la}'  the  additional  section  on  the  table ; 
Which  was  agreed  to. 

Section  3  was  read  and  passed  without  amendment. 

Mr.  Herndon  offered  the  following  additional  section  : 

Any  and  all  widows  owning  less  than  three  hundred  dollars 
worth  of  propert}",  including  real  and  personal,  shall  not  be 
required  to  pay  taxes  on  the  same  ; 

Which  was  read,  and,  upon  motion,  the  proposed  additional 
section  was  referred  to  the  Committee  on  Taxation  and  Fi- 
nance. 

Article  on  Married  Women's  Property,  was  passed  as 
amended,  and  ordered  spread  upon  the  Journal  and  engrossed 
for  a  third  reading. 

ARTICLE  TII. 

MARRIED  women's  PROPERTY. 

Section  I.  All  property,  real  and  personal,  of  a  wife  owned 
by  her  before  marriage,  or  lawfuU}-  acquired  afterward  b}'  gift, 
devise,  bequest,  descent,  or  purchase,  shall  be  her  separate  pro- 
perty, and  the  same  shall  not  be  liable  for  the  debts  of  her 
husband  without  her  consent  given  by  some  instrument  in 
writing  executed  according  to  the  law  respecting  conveyances 
by  married  women. 


206 


Sec.  2.  A  married  woman's  separate  real  or  personal  pro- 
perty may  be  charged  in  equity  and  sold,  or  the  uses,  rents 
and  profits  thereof  sequestrated  for  the  purchase  money 
thereof;  or  for  money  or  thing  due  upon  any  agreement  made 
by  her  in  writing  for  the  benefit  of  her  separate  property  ;  or 
for  the  price  of  any  property  purchased  by  her,  or  for  labor 
and  material  used  with  her  knowledge  or  assent  in  the  con- 
struction of  buildings  or  repairs  or  improvements  upon  her 
property,  or  for  agricultural  or  other  labor  bestowed  thereon, 
with  her  knowledge  and  consent. 

Sec.  3.  The  Legislature  shall  enact  such  legislation  as  shall 
be  necessary  to  carry  into  efiect  this  Article. 

Mr.  Paterson  asked  leave  to  have  the  two  following  sections 
read  and  referred  : 

The  repeal  or  amendment  of  a  statute  relating  to  crimes  or 
misdemeanors,  or  providing  for  the  punishment  thereof,  shall 
not  affect  any  offence  committed  prior  to  such  repeal  or  amend- 
ment, nor  the  prosecution  thereof,  but  the  statute  repealed  or 
amended  shall  remain  in  full  force  as  to  any  such  offence  and 
the  prosecution  thereof. 

Section  — .  No  statute  shall  he  passed  lessening  the  time 
within  which  a  civil  action  may  be  commenced  on  any  cause  of 
action  existing  at  the  time  of  its  passage  ; 

Which  was  read  and  referred  to  the  Committee  on  Preamble 
and  Declaration  of  Rights. 

Mr.  Paterson  also  obtained  leave  to  have  the  following  sec- 
tion read  : 

Section  — .  No  Senator  or  Representative  shall,  during  the 
time  for  which  he  was  elected,  be  appointed  or  elected  to  any 
civil  office  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time. 

Mr.  McClellan  moved  to  lay  the  Section  on  the  table  ; 

Which  was  not  agreed  to. 

Article  — ,  on  Public  Health,  came  up  for  consideration. 
Section  1  was  read. 

Mr.  Challen  moved  to  strike  out  Section  1. 

Mr.  Sheats  offered  the  following  substitute  for  the  whole 
Article,  and  moved  its  adoption  : 

Section  1.  The  Legislature  shall  establish  a  State  Board  of 
Health,  define  its  powers,  and  provide  for  its  maintenance. 

Sec.  2.  The  Legislature  shall  establish  County  Boards  of 
Health  in  counties  where  it  may  be  deemed  necessary,  which 
Boards  shall  be  under  the  supervision  of  the  State  Board  of 
Health,  as  the  Legislature  may  provide. 

Pending  discussion,  Mr.  Walter  moved  to  adjourn  until  9 
o'clock  A,  M.  to-morrow  ; 

Which  was  agreed  to,  and  the  Convention  was  so  adjourned. 


207 


NINETEENTH  DAY. 


WEDXESDAY,  July  1,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Clarke  of  Jef- 
ferson, Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Haus- 
man,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope, 
Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum,  Les- 
ley, Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Max- 
well, Miller,  Milton,  Mitchell,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Xeel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell 
of  Madison,  Randolph,  Richard,  Robertson,  Rogers,  Rowe, 
Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor, 
Tedder,  Thompson,  Tolbert,  Turnbull,  Wadsworth,  Wall,  Wal- 
ter, Weeks,  AV'ellman,  Westcott,  Whitmire,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wvllv,  Yonge  and  Zipperer — 
104. 

A  quorum  present. 
Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  be 
dispensed  with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Resolution  Xo.  — ,  offered  by  Mr.  Randolph,  of  Orange,  on 
yesterday,  was  read  as  follows : 

Besolved,  That  on  the  calling  of  the  roll,  or  a  call  for  the 
yeas  and  nays,  any  member  not  answering  to  the  call,  or  refus- 
ing to  vote,  shall  be  marked  "  absent,"  or  "  not  voting,"  as  the 
case  may  be,  and  it  shall  so  appear  upon  the  Journal  of  the 
Convention. 

The  question  was  upon  the  adoption  of  the  resolution  ; 
Which  was  not  agreed  to. 


208 


The  following  resolutions,  articles  and  ordinances  were  in- 
troduced, read  and  referred  to  appropriate  committees  : 

By  Mr.  Carr,  Article  No  65  :  Sections  to  be  included  in  the 
Article  on  Education  providing  for  equal  facilities  of  education 
in  all  colleges  and  schools. 

Article  Y,  on  Executive  Department,  came  up  for  consider- 
ation on  its  third  reading. 

Section  8  was  corrected  by  inserting  the  word  "  that  "  be- 
tween the  words  "  than  "  and  "  for,"  in  line  9. 

Section  11  was  corrected  by  inserting  the  words     in  cases, 
in  place  of  the  word     also,"  before  the  word  ''conviction,'^ 
as  engrossed,  and  insert    ])eriod  "  after  ''  impeachment." 

Section  15  was  corrected  by  inserting  the  word  "  resume" 
in  place  of  "  assume." 

Section  22  was  corrected  so  as  to  make  the  three  first  words 
read  "  The  Attorney-General." 

Section  26  was  corrected  by  adding  the  letters  "  er"  to  the 
word  "  Commission  "  in  the  first  line. 

Mr.  Maxwell  offered  to  amend  section  3  as  follows  : 

Provided^  That  these  limitations  of  time  shall  not  apply  to 
the  President  of  the  Senate  or  Speaker  of  the  House  of  Repre- 
sentatives, when  under  this  Constitution,  the  powers  and  duties 
of  Governor  shall  devolve  upon  them  ; 

Which  was  agreed  to,  and  the  section  was  so  amended  and 
adopted. 

Mr.  Clarke,  of  Jefferson,  offered  to  amend  Section  16  as  fol- 
lows : 

Strike  out  all  after  and  including  the  word  "  provided.  " 
Mr.  Rogers  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Randolph  oflf'ered  to  amend  Section  2  as  follows  : 
After    begin,  "  in  line  7,  add  '  on  the  1st  Tuesday  after  the 
Ist  Monday  in  January  after  his  election  "  striking  out  "  on 
the  day  of  assembling  of  the  Legislature  chosen  at  such  elec- 
tion ;  '  ■' 

Which  was  agreed  to,  and  the  section  was  so  amended. 

Mr.  Maxwell  off*ered  to  amend  Section  24  as  follows  : 

Insert  between  the  words  "  funds  "  and  "  bonds  "  in  line 
3,  the  words  "  or  issue  ;" 

Which  was  agreed  to,  and  the  section  was  so  amended. 

Mr.  Maxwell  also  offered  the  following  amendment  to  sec- 
tion 25  : 

Strike  out  all  after  ''  purposes  "  in  fourth  line,  and  insert 
''and  perform  such  other  duties  as  the  Legislature  may 
provide  by  law  ;" 

Which  was  agreed  to,  and  the  section  was  so  amended. 


209 


Mr.  Randolph  offered  the  following  substitute  for  Sec- 
tion 28  : 

The  Administrative  officers  of  the  Executive  Department 
ehall  be  installed  on  the  same  da}^  as  the  Governor  ; 

Which  was  agreed  to,  and  the  substitute  was  declared 
adopted. 

Mr.  Maxwell  moved  that  Article  V  be  re-engrossed  as 
amended,  and  that  200  copies  be  ordered  printed  for  the  use 
of  the  members  of  this  Convention  : 

Which  was  agreed  to. 

Article  Till,  on  County.  Township  and  Cit}^  Organization, 
came  up  on  its  first  reading  ; 

Which  was  read  b}^  its  title  and  placed  among  rli3  orders  of 
the  day. 

Article  — ,  on  Public  Health,  came  up  for  consideration. 

Mr.  Conover,  on  behalf  of  the  committee,  asked  leave  to 
withdraw  the  original  Article  and  olfer  the  following  in  lieu 
thereof : 

ARTICLE  —  . 

PUBLIC  HEALTH. 

Section  1.  The  Legislature  shall  incori)orate  a  Florida  State 
Medical  Association  with  the  powers  usualh^  conferred  upon 
such  bodies. 

Sec.  2.  The  Legislature  shall  establish  a  State  Board  of 
Health,  a  majority  of  whom  shall  be  physicians,  graduates  of 
a  recognized  school  of  medicine.  They  shall  be  appointed  by 
the  Governor  with  the  advice  and  consent  of  the  Senate. 

Sec.  3.  The  State  Board  of  Health  shall  have  supervision  of 
all  matters  relating  to  public  health,  vital  statistics,  quaran- 
tine, the  examination  of  persons  desiring  to  practice  medicine 
in  this  State,  and  such  other  duties,  powers  and  resp  nsibili- 
ties  as  may  be  prescribed  b}'  law,  relating  to  the  public  health. 

Sec.  4.  The  Legislature  shall  establish  County  Boards  of 
Health  in  counties  where  it  may  be  deemed  necessar\\  Tbey 
shall  have  such  powers,  and  be  under  the  supervision  of  the 
State  Board  of  Health,  to  such  an  extent  as  the  Legislature  may 
provide. 

Sec.  5.  The  Legislature  shall  provide  the  necessary  laws  for 
carrying  into  effect  the  provisions  of  this  Article  : 
Which  was  granted. 

Mr.  Challen  moved  that  the  further  consideration  of  this  Ar- 
ticle be  deferred  until  to-morrow,  ;tnd  that  the  substitute  Ar- 
ticle be  spread  upon  the  Journal,  and  200  extra  copies  of  the 
Article  be  ordered  printed  for  the  use  of  the  members  ; 

Which  was  agreed  to,  and  such  was  the  order. 
14 


210 


Article  YI,  on  Homestead  Exemption,  came  up  for  consider- 
ation. 

Vice-President  Yonge  was  called  to  the  chair. 
Section  1  was  read. 

Mr.  McClellan  moved  that  the  Convention  resolve  itself  into 
a  Committee  of  the  Whole  to  consider  Article  YI  ; 
Which  was  not  agreed  to. 
Section  1  was  again  read. 

The  amendment  offered  by  Mr.  Walter  on  yesterday  was 
read  as  follows: 

Insert  on  line  5.  after  the  word  "  thereon,  "  "  to  the  value  of 
twenty-five  hundred  dollars.  " 

Mr.  Humphries  oflfbred  the  following  amendment  to  the 
amendment  : 

Strike  out  "  twenty-five  hundred,  "  ami  insert  "  one  thous- 
and ;" 

Which  was  read. 

The  question  was  upon  the  adoption  of  the  amendment  of- 
fered by  Mr  Humphries. 

Pending  discussion,  Mr.  Baker  moved  to  take  a  recess  un- 
til 5  o'clock  p.  m.,  to-day  ; 

Which  was  agreed  to. 


FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
Vice-President  Yonge  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Eell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis, 
Duncan,  Earle.  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gil- 
lis,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Mil- 
ler, Milton,  Mitchell,  Morgan,  McCaskill,  McClellan,  McKin- 
non,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons, 
Paterson,  Pelot,  Petty,  Kandall  of  Duval,  Randell  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Ta^^lor,  Tedder,  Thompson, 
Tolbert,  Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 


211 


Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wil- 
son of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 101. 
A  qaorum  present. 

The  consideration  of  Section  1,  Article  YI,  was  resumed. 

The  question  was  upon  the  amendment  to  the  amendment. 

Mr.  Randall,  of  Duval,  offered  the  following  proposition  as 
a  basis  for  action  for  the  purpose  of  expediting  business  in 
considering  Article  YI  : 

Questions  on  the  Homestead  Article  shall  be  considered  and 
voted  upon  as  follows  : 

1.  Shall  there  be  an  exemption  from  forced  sale  for  debts,  of 
real  property  ?    Of  personal  property  ? 

2.  Shall  there  be  a  limitation  as  to  extent  or  quantity  ?  Shall 
there  be  a  limitation  as  to  value  ? 

3.  Shall  the  value  relate  to  value  of  land  ?  or  to  improve- 
ments ?  or  to  both  ?    What  value  ? 

4.  What  shall  be  the  value  of  personal  property  exempted  ? 

5.  What  shall  be  the  limitation  as  to  value  and  quantity  of 
land  ?  In  a  town  or  city  ?  Outside  of  town  or  city  ? 

6.  Shall  the  exemption  be  in  favor  of  the  head  of  a  fami- 
ly ?  or  in  favor  of  any  unmarried  male  or  female  ? 

7.  Shall  the  exempted  homestead  be  subject  to  sale  by  own- 
er and  wife  ?  or  to  lien  by  their  mortgage  ? 

8.  Shall  any  general  judgment  or  money  decree  be  a  lien  on 
the  homestead,  so  that  at  the  alienation  b}^  the  owner,  or  at 
his  death,  or  the  death  of  his  wife  and  children,  the  property 
may  be  liable  to  be  sold  for  debts  ? 

Mr.  Maxwell  asked  the  unanimous  consent  of  the  Conven- 
tion to  take  up  the  proposition  ; 
Which  was  granted. 

The  question  was,     Shall  there  be  an  exemption  of  real 
property  from  forced  sale  ?" 
Which  was  agreed  to. 

The  question  was,  "  Shall  there  be  an  exemption  from  forced 
sale  of  personal  property?" 
Which  was  agreed  to. 

The  question  then  was,  "  Shall  there  be  a  money  value  placed 
upon  the  real  property  exempted  ?"  and  pending  the  discus- 
sion of  the  question,  the  Convention,  on  motion  of  Mr.  Parsons, 
adjourned  until  9  o'clock  A.  M.  to-morrow. 


212 


TWENTIETH  DAY. 


THURSDAY,  July  2,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,. 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler,  Clark 
of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,. 
Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread, 
Goss,  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Henderson,, 
Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,. 
Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh, 
Malore,  Mann.  Marshall.  Miller,  Milton,  Mitchell,  Morgan, 
McCaskill,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Petty,  Randall  of  Duval,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats.  Speer,  Stone,  Swearino^en,  Taylor,  Tedder,  Thomp- 
son, Tolbert,  Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 
Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson 
of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 104. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Fowler  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Robertson  was  excused  for  the  day,  on  account  of  sick-^ 
ness. 

Mr.  Henderson  was  excused  until  Tuesdav. 

Hon.  J.  W.  Ashby,  of  Gainesville,  was  invited  to  a  seat 
within  the  bar. 

Mr.  Carter  introduced  the  following  resolution : 

Resolved^  That  the  services  of  the  clerks  of  the  committees, 
employed  by  authorit}^  of  this  Convention,  be  dispensed  with 
after  July  4th  ; 

Which  was  read  and  laid  over  under  the  rules. 

The  roll  ©f  committees  was  called,  and  the  following  re- 
ports were  offered  : 


21S 


Mr.  Wall,  Chairraaii  of  the  Committee  on  Education,  mad* 
the  following  report: 

Convention  Hall,  Tallahass^k,  Fla.,  July  1,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  t 

Sir  :  Your  committee  on  Education  to  whom  was  referred 
all  matters  on  the  subject,  beg  leave  to  report  that  they  have 
-earefull}^  considered  each  and  every  document  referred  to 
them,  and  recommend  that  resolutions,  memorials,  ordinances, 
<fec.,  herewith  enumerated  and  returned  and  not  embodied  in 
this  report,  do  lie  upon  the  table,  which  are  as  follows  :  Com- 
munication of  J.  Kost,  praying  for  provision  being  made  for 
sustenance  of  the  University  at  Tallahassee.  Memorial  from  the 
citizens  of  Columbia  county,  presented  b}^  Mr.  Bush,  relating 
to  the  Agricultural  College.  Resolution  No.  108,  by  Mr. 
Hendley,  of  Hernando,  prescribing  the  school  term,  and  pro- 
viding for  compulsory  education.  Resolution  No.  122,  by  Mr. 
■Carson,  providing  for  a  per  capita  tax  for  school  purposes,  and 
other  matters  relating  to  schools.  Resolution  No  40,  b}^  Mr. 
Bush,  providing  for  a  special  tax  for  the  Agricultural  College. 
Resolution  No.  106,  by  Mr  Scott,  fixing  a  tax  for  school  pur- 
poses, and  levying  a  county  school  tax  subject  to  a  vote  of  the 
qualified  electors  of  the  county.  Ordinance  No.  22,  by  Mr. 
Sheats,  providing  separate  and  equal  public  schools  for  whites 
and  blacks,  which  your  Committee  have  embodied  m  their  Arti- 
cle, Resolution  No.  145,  by  Mr.  Rogers,  assessing  |-  of  a  mill  on 
the  dollar  for  the  benefit  of  the  Ao'i'icultural  CoUes^e  and  1-6  of 
one  mill  for  ihe  benefit  of  the  East  and  West  Florida  Uni- 
versities. 

Article  on  PJducation,  by  Mr.  Love,  of  G-adsden. 

Ordinance  No.  21,  by  Mr.  Sheats,  providing  for  the  sub-divis- 
ion of  counties  into  school  districts,  and  authorizing  districts 
to  vote  a  special  tax  for  school  purposes,  embodied  in  your 
'Committee's  report. 

Ordinance  No.  4,  by  Mr.  Marshall,  pi-oviding  for  a  uniform, 
system  of  Common  Schools  and  a  University,  and  the  liberal 
maintenance  of  the  same. 

Resolution  No.  123,  by  Mr.  Hatch,  of  Lafayette,  making 
Count}^  Commissioners  ex-officio  members  of  the  Board  of 
Public  Instruction. 

Ordinance  No.  32,  by  Mr.  Sheats,  preventing  the  lending 
or  the  application  of  school  funds  to  other  purposes,  which, 
your  committee  embodied  in  its  report. 

Resolution  No.  187,  by  Mr.  Fowler,  of  Putnam,  in  b.^haif  of 


214 


the  Common  Schools,  Agriculturai  College,  the  East  and  West 
Florida  Seminaries. 

Resolution  No.  133,  by  Mr.  Bell,  of  Brevard  and  Dade,  pro- 
viding for  the  maintenance  of  the  Common  Schools,  the  Agri- 
cultural College,  the  East  and  West  Florida  Seminaries. 

Resolution  by  Mr.  Gibbs,  of  Duval,  relating  to  the  estab- 
lishment of  a  branch  of  the  State  Agricultural  College  for  per- 
sons of  color,  to  be  located  at  Jacksonville. 

Your  committee  herewith  present  Article  IX,  on  the  sub- 
ject of  Education,  and  recommend  that  it  be  adopted  as  a  sub- 
stitute for  tlie  various  matters  to  them  referred. 

Very  respectfully, 

J.  P.  Wall, 
Chairman  of  Committee  on  Education. 

ARTICLE  IX. 

EDUCATION. 

Section  1.  The  Legislature  shall  provide  for  a  uniform 
system  of  Public  free  Schools,  and  shall  provide  for  the  liberal 
maintenance  of  the  same. 

Sec.  2.  There  shall  be  a  Superintendent  ©f  Public  Instruc- 
tion, whose  duties  shall  be  prescribed  by  law,  and  whose 
term  of  office  shall  be  four  vears  and  until  the  election  and 
qualification  of  his  successor. 

Sec.  3.  The  Governor,  Secretary  of  State,  Attorney-General^ 
State  Treasurer  and  State  Superintendent  of  Schools  shall 
constitute  a  body  corporate,  to  be  known  as  the  State  Board 
of  Education  of  Florida,  of  which  the  Governor  shall  be  Presi- 
dent, and  the  State  Superintendent  Secretary.  This  Board 
shall  have  power  to  remove  for  cause  and  upon  notice  to  the 
incumbent,  any  subordinate  school  officer ;  and  shall  have, 
regulated  by  law,  the  management  and  investment  of  all 
State  school  funds,  and  such  supervision  of  schools  of  higher 
grades  as  the  law  shall  provide. 

Sec  4.  The  State  School  Fund,  the  interest  of  which  shall 
be  exclusively  applied  to  the  support  and  maintenance  of  pub- 
lic free  schools,  shall  be  derived  from  the  following  sources : 

The  proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  to  the  State  by  the  United  States  for  public  school 
purposes. 

Donations  to  the  State  when  the  purpose  is  not  specified. 
Appropriations  by  the  State. 

The  proceeds  of  escheated  property  or  forfeitures. 
Twenty-five  per  centum  of  the  sales  of  public  lands  which 
are  now  or  may  hereafter  be  owned  by  the  State. 


215 


Sec.  5.  The  principal  of  the  State  School  Fund  shall  remain 
sacred  and  inviolable. 

Sec.  6.  A  special  tax  of  one  (1)  mill  on  the  dollar  of  all  tax- 
able property  in  the  State,  in  addition  to  the  other  means  pro- 
vided, shall  be  levied  and  apportioned  annually  for  the  support 
and  maintenance  of  public  free  schools. 

Sec.  T.  Provision  shall  be  made  bv  law  for  the  distribution 
of  the  interest  on  the  State  School  Fund  and  the  special  tax 
among  the  several  counties  of  the  State  in  proportion  to  the 
number  of  children  residing  therein  between  the  ages  of  six 
and  twenty-one  3^ears. 

Sec.  8.  Each  county  shall  be  required  to  assess  and  collect 
annually  for  the  support  of  public  free  schools  therein  a  tax 
of  not  less  than  three  (3)  mills  nor  more  than  five  (5)  mills  on 
the  dollar  of  all  taxable  property-  in  the  same. 

Sec.  9  The  Count}^  School  Fund  shall  consist  of  the  pro- 
portion of  the  interest  of  the  State  School  Fund  apportioned 
to  the  county,  all  fines  collected  under  the  penal  laws  of  the 
State  within  the  county,  all  licenses  and  capitation  taxes  col- 
lected within  the  count}',  and  shall  be  disbursed  by  the  County 
Board  of  Education  solely  for  the  maintenance  and  support  of 
public  free  schools. 

Sec.  10.  The  Legislature  shall  provide  for  the  subdivision  of 
counties  into  convenient  School  Districts,  for  the  election 
annually  of  one  of  three  School  Trustees,  who  shall  have  su- 
pervision of  all  the  schools  in  the  district,  and  for  the  levying 
and  collection  of  a  district  school  tax,  for  the  exclusive  use  of 
public  free  schools  within  the  district,  whenever  a  majority  of 
the  qualified  electors  who  are  freeholders  thereof  shall  cast 
their  ballots  in  favor  of  such  levy  ;  Provided,  That  any  tax 
authorized  by  this  section  shall  not  exceed  four  (4)  mills  on 
the  dollar  in  any  one  year  on  the  taxable  property  of  the 
district. 

Sec.  11.  Any  incorporated  town  or  city  ma}'  constitute  a 
School  District.  The  fund  raised  by  Section  10  may  be  ex- 
pended in  the  district  where  levied  in  building  or  repairing 
school  houses,  in  the  purchase  of  school  libraries  and  text- 
books, for  salaries  of  teachers,  or  for  other  educational  pur- 
poses, so  that  the  distribution  among  all  the  schools  of  the 
district  be  equitable. 

Sec.  12.  White  and  colored  children  shall  not  be  taught  in 
the  same  school,  but  impartial  provision  shall  be  made  for 
both. 

Sec.  13.  Xo  law  shall  be  enacted  authoriziuLC  the  diversion 
or  the  lending  of  any  county  or  district  school  funds,  or  the 
appropriation  of  any  part  of  the  permanent  or  available  school 


216 


fund  to  any  otlier  than  school  purposes ;  nor  shall  the  same, 
or  any  part  thereof,  be  appropriated  to  or  used  for  the  sup- 
port of  any  sectarian  school. 

Sec.  14.  The  Legislature  shall  make  such  provision  as  will 
secure  a  uniform  system  of  text-books  in  the  public  free 
schools  of  the  State,  and  shall  have  power  to  make  such  laws 
as  shall  not  permit  parents  and  guardians  to  allow  their  chil- 
dren or  wards  to  grow  up  in  ignorance  and  vagrancy. 

Which  was  read. 

Mr.  Sheats,  of  the  same  committee,  offered  the  following  mi- 
nority report : 

Convention  Hall,  Tallahassee,  Fla.,  July  2,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  The  undersigned  being  a  minority  of  your  Committee 
on  Education,  to  whom  was  referred  all  resolutions,  petitions, 
&c.,  pertaining  to  the  subject  matter,  fully  concur  with  the 
majority  of  your  committee  m  the  Article  as  already  presented, 
but  beg  leave  to  submit  a  minorit}^  report  in  the  recommen- 
dation of  additional  Sections  in  regard  to  higher  education, 
embodying  in  said  sections  our  own  ideas  in  relation  to  the 
same,  and  the  suggestions  contained  in  the  Resolutions  of  Mr. 
Bush,  of  Columbia,  Mr.  Rogers,  of  Suwannee,  Mr.  Bell,  of 
Brevard  and  Dade,  Mr.  Fowler,  of  Putnam,  and  Mr.  Gibbs,  of 
E  aval.  Said  additional  Sections  are  herewith  submitted  and  we 
ask  that  the  same  may  be  printed  in  connection  with  the  re- 
port of  your  Committe  on  the  subject  of  Education, 

Very  respectfully, 

W.  ^.  Sheats, 
W.  M.  Ives. 

additional  sections. 

Sec.  15.  The  Legislature  shall  make  provision  for  the  con- 
version of  the  State  Agricultural  College  into  a  State  Univer- 
sity, with  Agricultural,  Literary,  Industrial  and  Military  De- 
partments, and  with  exclusive  power  to  confer  the  higher  de- 
grees ;  shall  provide  for  connecting  and  for  increasing  the 
efficiency  of  the  East  Florida  Seminary,  located  at  Gainesville, 
and  the  West  Florida  Seminary,  located  at  Tallahassee,  as 
Branches  of  the  State  University,  without  changing  their  lo- 
cations ;  and  shall  provide  for  a  College,  Normal  School  or 
Branch  of  the  State  University  for  the  benefit  of  the  colored 
youths  of  the  State,  as  the  best  interests  of  their  education 
may  demand  ;  Provided^  That  in  case  the  Legislature  shall 


217 


require  the  levying  of  a  special  tax  for  higher  education,  that 
such  lev}'  shall  not  exceed,  in  any  one  year,  one-quarter  of  one 
mill  on  the  dollar  of  all  the  taxable  property  of  the  State,  and 
shall  be  apportioned  equally  to  or  set  apart  for  the  benefit  of 
each  of  the  four  institutions  above  enumerated. 

Sec.  16.  The  State  University,  the  Seminaries  and  the  other 
institution  contemplated  in  the  above  section,  shall  each  be 
under  the  management  and  control  of  a  Board  of  Trustees  ; 
said  Trustees  shall  be  appointed  by  the  Grovernor  with  the  ad- 
vice and  consent  of  the  Senate,  for  the  term  of  four  years,  not 
more  than  two  of  whom  shall  reside  in  the  same  Senatorial 
District,  and  so  arranged  that  the  term  of  office  of  one-half  the 
members  of  each  Board  shall  expire  biennially.  Xo  Trustee 
shall  receive  SLuy  pay  or  emolument  other  than  his  actual  ex- 
penses incurred  in  the  discharge  of  his  duties  as  such.  The 
Governor  and  Superintendent  of  Public  Instruction  shall  be 
ex-officio  members  of  each  of  said  Boards  of  Trustees. 

Which  was  also  read,  and  both  reports  and  accompanying 
papers  placed  among  the  orders  of  the  day. 

Mr.  Walter  moved  that  200  copies  of  the  Ordinance  reported 
by  the  committee  be  printed  : 

Which  was  agreed  to,  and  it  was  so  ordered. 

Mr.  McCaskill,  Chairman  of  the  Committee  on  Taxation 
and  Finance,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  2,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Con  vention  : 

Sir:  Your  committee  on  Taxation  and  Finance  to  whom 
was  referred — 

Resolution  Xo.  29,  introduced  by  Mr.  Edge,  of  Walton  county, 
exempting  property  of  widow  women  and  maimed  persons  to  the 
extent  of  one  hundred  and  M%y,  dollars  from  taxation,  have  had 
the  same  under  consideration,  and  would  recommend  the  fol- 
lowing as  an  additional  section  to  Article  XII : 

Sec.  10.  That  there  shall  be  exempt  from  taxation  personal 
property  to  the  value  of  two  hundred  doll  irs  to  every  widow 
who  has  a  family  dependent  upon  her  for  support,  and  to  every 
person  who  has  lost  a  limb  in  war  or  by  misfortune. 

Your  committee  have  also  had  under  consideration  Mr. 
Parkhill's  amendment  to  Article  XII,  line  eight,  exempting 
Ice  manufactories  from  taxation  ;  also,  Resolution  Xo.  149,  by 
Mr.  Randell,  of  Madison,  and  return  the  same  with  the  recom- 
mendation that  thev  be  laid  upon  the  table.    With  the  above 


218 


recommendations  the  committee  herewith  return  to  the  Con- 
vention the  Article  as  recommitted. 

Very  respectfully, 

A.  L.  McCaskill, 
Chairman  of  Committee. 

Which  was  read. 

Mr.  Fowler,  of  the  same  committee,  made  the  following 
minority  report : 

Hon.  Samuel  Pasco, 

President  (Constitutional  Convention  : 

Sir  :  As  members  of  the  Committee  on  Taxation  and  Fi- 
nance we  respectfully  beg  leave  to  make  the  following  report : 

We  do  most  earnestly  protest  against  the  exemption  from 
taxation  for  the  period  of  ten  years  from  the  adoption  of  the 
Constitution,  the  capital,  machinery  and  other  property  em- 
ployed in  the  manufacture  of  various  articles  as  fully  set  forth 
and  specified  in  Section  1  of  Article  12,  believing  the  same  to 
be  class  legislation,  opening  the  door  wide  for  future  exemp- 
tions and  opposed  to  the  wishes  and  interests  of  the  people  of 
this  State. 

Respectfull}^  submitted, 

Geo.  p.  Fowler, 
J  NO.  Parsons. 

Which  was  read  and  the  two  reports  and  accompanying  pa- 
pers were  placed  among  the  orders  of  the  day. 

Two  hundred  copies  of  the  additional  Section  was  ordered 
printed. 

Mr.  Oliveros,  Chairman  of  the  Committee  on  Engrossment 
and  Enrollment,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  2,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Engrossment  and  Enrollment  to 
whom  was  reterred  — 

Article  No.  lY,  have  examined  and  compared  the  same 
and  find  it  properly  engrossed. 

Yery  respectfully, 

B.  F.  Oliveros,  Chairman. 
Samuel  E.  Hope, 
H.H.Duncan, 
Theodore  Randell, 

Committee. 

Which  was  received. 


219 


Mr.  Oliveros  arose  to  a  personal  explanation  in  regard  to 
the  motion  made  by  him  to  expunge  from  the  Journals  so 
much  as  related  to  the  resolution  offered  b}^  Mr.  Baker,  of  ]S'as- 
sau.  with  reference  to  married  women ;  he  did  so  without  any 
reflection  towards  Mr.  Baker,  as  he  believed  the  resolution  was 
offered  with  pure  motives  and  not  as  a  reflection  against  any 
individual,  and  the  motion  to  expunge  was  also  made  in  like 
good  faith  without  reflection  to  Mr.  Baker. 

Upon  motion  of  Mr.  Walter,  ex-Governor  Bloxham  was  in- 
vited to  9  seat  within  the  bar. 

Mr.  Bethel  moved  that  Article  lY  be  taken  up  for  a  third 
reading ; 

Which  was  agreed  to. 

Article  IV,  on  Legislative  Department,  was  then  read  the 
third  time,  and  the  following  corrections  were  made  : 

In  Section  l^^  strike  out  the  letter  "  s  "  at  the  end  of  word 
*'  practices.  " 

Strike  out  the  word  and  "  after  the  word  "  children,  "  a^d 
before  the  word  "  relieving.  " 

Mr.  Baker  offered  to  amend  as  follows  : 

Sec.  6.  Provided^  This  section  shall  not  apply  to  Notaries 
Public  and  officers  of  the  militia. 

Mr.  Oliveros  offered  the  following  substitute  : 

Notaries  Public,  Justices  of  the  Peace  and  county  commis- 
sioners excepted. 

Mr.  Goss  moved  to  lay  both  the  amendment  and  substitute 
therefor  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Bethel  moved  to  strike  out  the  word  ''Assembl}^  "  wher- 
ever it  may  appear,  and  insert  the  words  House  of  Repre- 
sentatives ;■' 

Which  was  agreed  to. 

Mr.  Malone  offered  the  following  amendment : 
Strike  out     November  "  and  insert  in  lieu  thereof  the  word 
"  October." 

Mr.  McClellan  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Blackburn,  Bush^ 
Campbell,  Carter,  Carr,  Carson,  Challen,  Coker,  Cook,  David- 
son, Edge.  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread» 
Goss,  Green,  Hargret,  Hatch,  Hendley,  Henderson,  Hicks,  Hun- 
ter, Landrum,  Lutterloh.  Marshall,  Maxwell,  Miller,  Mitchell, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Xeel,  Odom,  Oli- 
veros. Parsons,  Pelot,  Petty.  Randall  of  Duval,  Rogers,  Rowe^ 
Sanchez.  Speer,  Swearingen.  Thompson.  Tolbert,  Walter.  West- 


220 


cott,  Whitmire,  Wilson  uf  Clay  and  Wilson  of  Polk  and  Man- 
atee— 57. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Blount,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Conover,  Davis,  Duncan,  Earle,  Hausman,  Herndon,  Hocker, 
Humphries,  Ives,  Johnston,  Jones,  Lesley,  Love,  Malone, 
Mann,  Milton,  Orman,  Parker,  Parkhill,  Paterson,  Randell 
of  Madison,  Randolph,  Richard,  Scott,  Sheats,  Stone,  Taylor, 
Tedder,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall,  Weeks, 
Wellman,  Wylly,  Yonge  and  Zipperer  — 43. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Baker  offered  the  following  amendment  to  Section  4  : 

Provided^  The  Senate  shall  not  elect  its  presidinar  officer  for 
the  year  1887. 

Mr.  Speer  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Marshall  moved  to  reconsider  the  vote  by  which  Sec- 
tion 2  was  passed. 

Thvi  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas—Messrs.  Bush,  Campbell,  Carter,  Carr,  Chandler, 
Earle,  Edge,  Goodbread,  Goss,  Green,  Hargret,  Hatch,  Hern- 
don, Hicks,  Hunter,  Johnston,  Mann,  Marshall,  Miller, 
Mitchell,  McCaskill,  McKinnon,  Neel,  Odom,  Paterson, 
Rogers,  Sanchez,  Sheats,  Swearingen,  Taylor,  Thompson, 
Tolbert,  Weeks  and  Zipperer — 35. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Bethel,  Blackburn,  Broome,  Carson,  Challen.  Clarke  of  Jef- 
ferson, Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Haus- 
man, Hendley,  Henderson,  Hocker,  Hope,  Humphries,  Ives, 
Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Ma- 
lone, Maxwell,  Milton,  Morgan,  McClellan,  Oliveros,  Or- 
man, Parker,  Parkhill,  Parsons,  Pelot,  Petty,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Rowe,  Scott, 
Speer,  Stone,  Tedder,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall, 
Walter,  Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wylly 
and  Yonge — 66. 

So  the  motion  to  reconsider  was  not  agreed  to. 

Mr.  Clarke,  of  Jefferson,  offered  the  following  additional 
section  : 

Section  — .  No  law  shall  take  effect  until  sixty  days  from 
the  final  adjournment  of  the  session  of  the  Legislature  at  which 
it  may  have  been  enacted,  unless  otherwise  specially  provided 
in  such  law  ; 

Which  was  read. 


i 


The  question  was  upon  the  adoption  of  the  additional  sec- 
tion ; 

Which  was  agreed  to. 

Mr.  Yonge  moved  to  reconsider  the  vote  by  which  Section 
19  was  passed. 

Mr.  Marshall  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Blackburn,  Bush,  Campbell,  Carter,  Can-, 
Challen,  Chandler,  Conover,  Cook,  Davidson,  Duncan,  Edge, 
Fowler,  Genovar.  Gibbs,  Gillis,  Goodbread,  Goss,  Green,  Har- 
gret,  Hatch,  Hausman,  Hendlej',  Henderson,  Herndon,  Hicks, 
Hunter,  Lewis,  Lutterloh,  Marshall,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  McCaskill,  McKinnon,  Neel,  Parker,  Par- 
sons, Paterson,  Petty,  Randolph,  Speer,  Stone,  Thomp- 
son, Tolbert,  Walker,  Jr.,  Wall,  Wylly  and  Zipperer — 55. 

Jfays — Messrs.  Bethel,  Broome,  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Davis,  Earle,  Fogarty.  Hope,  Hum- 
phries, Ives,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Malone, 
Mann,  McClellan,  Odom,  Oliveros,  Orman,  Parkhill,  Pelot, 
Randall  of  Duval,  Randell  of  Madison,  Richard,  Rogers,  Rowe, 
Scott,  Sheats,  Swearingen,  Taylor,  Tedder,  TurnbuU,  Wads- 
worth,  Walter,  Weeks,  Wellman,  Whitmire,  Wilson  of  Cla}^, 
Wilson  of  Polk  and  Manatee  and  Yonge — 44 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Bethel  asked  unanimous  consent  to  correct  section  3, 
by  striking  out  the  word  ^'Assembly  "  and  insert  the  word 
Legislature  : " 

Which  was  granted. 

Mr.  Paterson  offerred  the  following  additional  section  : 
Section  5.  No  Senator  or  Representative  shall,  during  the 
time  for  which  he  was  elected,  be  appointed  or  elected  to  any 
civil  office  under  the  Constitution  of  this  State,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have  been 
increased  during  such  time  ; 
Which  was  adopted. 

Mr.  Miller  offered  the  following  additional  section  : 
Section  —  No  bill  granting,  extending,  or  renewing  any 
corporate  privilege  or  franchise  shall  be  considered  by  either 
house  of  the  Legislature  until  the  same  shall  have  been  printed 
and  laid  on  the  table  of  each  House  for  three  days,  sucii  print- 
ing to  be  at  the  cost  of  the  corporation  or  person  asking  the 
grant,  extension  or  renewal  of  such  franchise  or  privilege. 


Mr.  Yonge  moved  to  lay  the  additional  section  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Broome,  Carter,  Carson, 
Challen,  Clarke  of  Jefferson,  Clark  of  Jackson,  Cook,  David- 
son, Davis,  Duncan,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs, 
Gillis,  Goodbread,  Hausman,  Hendley,  Herndon,  Hicks, 
Humphries,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Lutter- 
loh,Malone,  Mann,  Maxwell,  Milton,  Morgan,  McCaskill,  Mc- 
Clellan,  Odom,  Oliveros,  Orraan,  Parkhill,  Parsons,  Paterson, 
Pelot,  Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe, 
Sanchez,  Scott,  Sheats,  Speer,  Swearingen,  Taylor,  Tedder, 
Turnbull,  Wadsworth,  Wall,  Walter,  Weeks,  Wellman,  Whit- 
mire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly 
and  Yonge — 67. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Blackburn,  Bush,  Carr,  Chandler,  Conover,  Earle, 
Goss,  Green,  Hargret,  Hunter,  Lewis,  Marshall,  Miller,  Mc- 
Kinnon,  Neel,  Parker,  Petty,  Randall  of  Duval,  Thompson, 
Tolbert,  Walker,  Jr.,  and  Zipperer — 25. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Bethel  moved  that  Article  lY  be  re-engrossed  as  cor- 
rected and  amended,  and  that  200  copies  be  printed  for  the  use 
of  the  delegates. 

Mr.  Conover  moved  that  no  further  amendments  be  allowed 
to  Article  lY  ; 

Which  was  agreed  to. 

Ordinance  No.  — ,  on  Temperance,  was  read  the  first  time 
and  placed  among  the  orders  of  the  day. 

Article  No.  — ,  on  Public  Health,  was  read  the  second  time. 

Mr.  Walker  offered  the  following  two  sections  as  a  substi- 
tute for  section  1  of  original  Article  : 

Section  1.  It  is  the  duty  of  the  State  to  make  ample  pro- 
vision for  the  protection  of  the  public  health. 

Sec.  2.  The  Legislature  shall  provide  for  a  State  Medical 
Association,  with  powers,  duties  and  responsibilities  necessary 
to  carry  out  the  purposes  for  which  said  Association  shall  be 
created  ; 

Which  was  accepted. 

Section  1  was  read. 

Mr.  Baker  offered  the  following  substitute : 

The  Legislature  shall  provide  by  law  for  a  State  Board  of 
Health,  with  such  duties  as  may  be  prescribad  by  law ;  a  ma- 
jority of  the  members  of  said  Board  shall  be  practicing  physi- 
cians ; 


228 

Which  was  read. 

Mr.  Gillis  offered  the  following  amendment  to  the  substi- 
tute : 

Sec.  1.  The  Legislature  shall  establish  a  State  Board  of 
Health  and  also  County  Boards  of  Health  in  all  counties  where 
it  may  be  necessary  : 

Which  was  read. 

Mr.  Mann  moved  to  lay  the  amendment  to  the  substitute  on 
the  table ; 

Which  was  not  agreed  to. 

Mr.  McClellan  moved  to  adopt  the  amendment  to  the  sub- 
stitute ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  substitute 
as  amended. 

Mr.  Parsons  offered  to  amend  as  follows  : 

The  Boards  of  Health  shall  have  no  authority  as  to  licens- 
ing or  preventing  any  person  practicing  medicine  ; 

Which  was  read. 

Mr.  Love  moved  to  lay  the  whole  subject  matter  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Campbell,  Carter,  Clark  of  Jackson,  Davis, 
Earle,  Edge,  Fowler,  Goodbread,  Green,  Hatch,  Hausman, 
Herndon,  Hicks,  Love,  Malone,  Milton,  Morgan,  McCaskill, 
Neel,  Orman,  Faterson,  Scott,  Stone,  Swearingen,  Tolbert 
and  Wilson  of  Clay— 26. 

Nays— Messrs.  Baker,  Bennett,  Bethel,  Broome,  Bush, 
Carr,  Carson,  Challen,  Chandler,  Coker,  Cook,  Davidson, 
Duncan,  Fogarty,  Genovar,  Gibbs,  Gillis,  Goss,  Hargret, 
Hope,  Hunter,  Ives,  Jones,  Landrum,  Lesley,  Lewis,  Lutter- 
loh,  Mann,  Marshall,  Maxwell,  Miller,  McClellan,  McKinnon, 
Odom,  Oliveros,  Parker,  Parkhill,  Parsons,  Pelot,  Petty, 
Bandall  of  Duval,  Randell  of  Madison,  Randolph,  Richard, 
Rogers,  Rowe,  Sanchez,  Sheats,  Speer,  Taylor,  Tedder, 
Thompson,  Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 
Weeks,  Westcott,  Wilson  of  Polk  and  Manatee,  Wylly  and 
Zipperer — 64. 

So  the  motion  to  lay  upon  the  table  was  not  agreed  to. 
The  question  was  then  upon  the  amendment  offered  by  Mr. 
Parsons  ; 

Which  was  not  agreed  to. 

Mr,  Blount,  of  Escambia,  was  indefinitely^  excused. 
Messrs.  Whitmire,  Clark   of  Jackson,  Robertson,  Yonge 
and  Hargret  were  each  excused  until  Tuesday. 


224 

Upon  motion  the  convention  took  a  recess  until  5  o'clock  P. 
M.  to-day. 


FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
Hon.  Samuel  Pasco,  President,  in  the  chair. 
The  rol]  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade^ 
Bennett,  Bethel,  Blackburn,  Broome,  Bush,  Campbell,  Carter, 
Carson,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson,  Co- 
ker,  Conover,  Cook,  Davidson,  Davis.  Duncan,  Earle,  Edge^ 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Green,  Hargret,  Hatch,  Hausman,  Hendley,  Henderson, 
Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,. 
Johnston,  Jones,  Land  rum,  Lesley,  Lewis,  Love,  Lutterloh,  Ma- 
lone,  Marshall,  Maxwell,  Miller,  Milton,  Morgan,  McCaskill,  Mc- 
Clellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Ta3dor,  Tedder, 
Thompson,  Tolbert,  Turnbull,  Wadsworth,  Walker,  Jr.,  Wall, 
Walter,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly  and  Zipperer~99. 

A  quorum  present. 

The  consideration  of  the  Article  on  Public  Health  was  re- 
samed. 

Mr.  Bethel  moved  the  previous  question  on  the  adoption  of 
the  substitute  to  section  1  as  offered  by  Mr,  Gillis. 

The  previous  question  was  ordered,  and  the  substitute  was 
adopted  as  follows : 

Sec  L  The  Legislature  shall  establish  a  State  Board  rf 
Health  and  also  County  Boards  oi  Health  in  all  counties  where 
it  maybe  necessary. 

The  committee  then  offered  the  following  as  a  substitute  for 
the  remaining  sections  ot  the  article  : 

Section  2.  The  State  Board  shall  have  supervision  of  all 
matters  relating  to  public  health,  with  such  duties,  powers  and 
responsibilities  as  may  be  prescribed  by  law. 

Section  3.  The  County  Boards  of  Health  shall  have  such 
power  and  be  under  the  supervision  of  the  State  Board  to 
such  extent  as  the  Legislature  may  provide. 

Which  was  adopted,  and  the  article  as  amended  ordered  en- 
grossed for  a  third  reading,  and  200  copies  ordered  printed. 


225 


Section  1.  The  Legislature  shall  establish  a  State  Board  of 
Health,  and  also  County  Boards  of  Health,  in  all  counties 
where  it  may  be  necessary. 

Sec.  2.  The  State  Board  shall  have  supervision  of  all  mat- 
ters relating  to  public  health,  with  such  duties,  powers  and 
responsibilities  as  ma}^  be  prescribed  by  law. 

Sec.  3.  The  County  Boards  of  Health  shall  have  such  pow- 
ers, and  be  under  the  supervision  of  the  State  Board  to  such 
extent  as  the  Legislature  may  provide. 

The  Convention  resumed  the  consideration  of  Article  YI, 
on  Homestead  Exemptions. 

The  question  was.  Shall  there  be  a  money  value  placed  upon 
the  real  property  exempted  ? 

Vice-President  Lesley  was  called  to  the  chair. 

The  question  was.  Shall  there  be  a  money  valuation  of  the 
real  property  exempted  from  forced  sale  ? 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Broome,  Campbell,  Carter, 
Carr,  Carson,  Coker,  Cook,  Fogarty,  Genovar,  Grillis,  Har- 
gret.  Hatch,  Humphries,  Jones,  Lesle}',  Lewis,  Maxwell,  Mitch- 
ell, Morgan,  McCaskill,  McClellan,  McKinnon,  Oliveros,  Par- 
sons, Randall  of  Duval,  Randell  of  Madison,  Sheats,  Swearin- 
gen,  Taylor,  Thompson,  Walter,  TYellman  and  Wilson  of  Polk 
and  Manatee— 35. 

Xays — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard,  Bell 
of  Hamilton,  Blackburn,  Bush,  Chandler,  Clarke  of  Jefferson, 
Conover,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fowler,  Gribbs, 
Goodbread,  Goss,  Green,  Hausman,  Hendley,  Herndon,  Hicks, 
Hocker,  Hope,  Hunter,  Ives,  Johnston,  Landrum,  Love, 
Lutterloh,  Malone,  Marshall,  Miller,  Milton,  Neel,  Odom, 
Orman,  Parker,  Parkhill,  Paterson,  Pelot,  Randolph,  Rich- 
ard, Rowe,  Sanchez,  Scott,  Speer,  Stone,  Tedder,  Tolbert, 
Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Weeks,  Westcott, 
Wilson  of  Clay,  W3'lly  and  Zipperer — 60. 

So  the  proposition  was  not  agreed  to. 

Mr.  Hicks  was  excused  until  Wednesday  next  on  account  of 
sickness. 

On  motion,  the  Convention  adjoui  ned  until  9  o  clock  A.  M. 
to-morrow. 
15 


226 


TWENTY-FIRST  DAY. 


•       FRIDAY,  July  3,1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  Chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Broome,  Bush,  Camp- 
bell, Carter,  Carr,  CarRon,  Chandler,  Clarke  of  Jefferson, 
Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Green,  Hargret,  Hatcli,  Hausman,  Hendley,  Henderson,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  John- 
ston, Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Ma- 
lone,  Mann,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Mor- 
gan, McCaskill,  McClellan,  McKinnou,  Neel,  Odom,  Oliveros, 
Or  man,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty, 
Randall  of  Duval,  Randell  of  Madison,  Randolph,  Richard, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swear- 
ingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Turn- 
buU,  Wadsworth,  Wall,  Walter,  Weeks,  Wellman,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and 
Zipperer — 100. 

A  quorum  present. 

Prayer  b}^  the  Chaplain. 

Mr.  Hatch  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

On  motion  of  Mr.  Sheats,  Professor  Cater,  of  Gainesville,  was 
invited  to  a  seat  within  the  bar. 

Mr.  Thompson  moved  that  Professor  Rivers  be  invited  to  a 
seat  within  the  bar  ; 

Which  was  agreed  to. 

The  following  resolution  offered  by  Mr.  Carter  on  yesterday 
was  read  : 

Resolved^  That  the  services  of  the  clerks  of  the  committees, 
employed  by  authority  of  this  Convention,  be  dispensed  with 
after  July  4th. 


227 


Mr.  TurnbuU  moved  to  lay  tlie  resolution  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Hargret  introduced  Resolution  Xo.  159  :  On  Homesiead  ; 
Which  was  read  and  referred  to  Committee  on  Homestead 
Exemptions. 

Mr.  Conover  introduced  the  following  resolution  : 
Resolved^  That  when  the  Convention  adjourns  to-day  it  be 
to  meet  on  Monday-,  July  6th,  at  4  o'clock  P.  M. 

Mr.  Bethel  moved  to  lay  the  resolution  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bennett,  Bethel,  Campbell,  Carter,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Fogarty,  Fowler,  Gibbs,  Gillis,  G-oodbread, 
Hatch,  Hausman,  Hendley,  Hicks,  Hocker,  Johnston,  Landrum, 
Lesley,  Love,  Malone,  Mann.  Marshall,  Maxwell,  Milton,  Mor- 
gan, McCaskill,  McKinnon,  Xeel,  Odora,  Orman,  Parker,  Park- 
hill,  Pelot,  Randall  of  Duval,  Randolph,  Rogers,  Rowe,  Sanchez, 
Speer,  Stone,  Swearingen,  Taylor,  Tolbert,  TurnbuU,  Wads- 
worth,  Wall,  Walter,  Weeks,  Westcott,  Wilson  of  Polk  and 
Manatee  and  W^dly — 57. 

Nays — Messrs.  Baker,  Blackburn,  Bush,  Carr,  Chandler, 
Clarke,  of  Jefferson,  Coker,  Conover,  Edge,  Genovar,  Goss, 
Green,  Hargret,  Herndon,  Hope,  Humphries,  Hunter,  Ives, 
Jones,  Lewis,  Lutterloh,  Miller,  Mitchell.  McClellan,  Oliveros, 
Parsons,  Paterson,  Petty,  Randell  of  Madison,  Richard.  Sheats, 
Tedder,  Thompson,  Wellman,  Wilson  of  Clay  and  Zipperer 
—35. 

So  the  motion  to  la3^  on  the  table  was  egreed  to. 

Mr.  Mann  offered  the  following  resolution  : 

Resolved,  That  we  adjourn  to-day  to  meet  next  Tuesday  at 
3  o'clock  P.  M.,  and  during  such  adjournment  no  pay  shall  be 
allowed  any  member  of  this  Convention  for  the  days  Satur- 
day and  Mondav. 

Mr.  TurnbuU  moved  to  lay  the  resolution  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Walter  asked  the  unanimous  consent  of  the  Convention 
to  introduce  the  following  resolution  : 

Resolved^  the  people  of  the  State  of  Florida,  through 
their  delegates  in  Convention  assembled  on  the  eve  of  the  an- 
niversary of  our  Xatal  Day,  That  we  extend  to  General  U.  S. 
Grant  and  family  our  heartfelt  sympathy  in  this  their  hour  of  ' 
affliction,  and  hope  that  a  kind  Providence  will  soon  restore 
the  General  to  health  and  happiness ; 

Which  was  adopted. 


228 


The  roll  of  committees  being  called  the  following  reports 
were  offered  : 

Mr.  Hocker,  Chairman  of  the  Committee  on  Public  Insti- 
tutions, made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  2,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Public  Institutions  to  whom  was 
referred — 

An  ordinance  in  relation  to  the  establishment  and  main- 
tenance of  Universities  for  persons  of  color,  offered  by  Mr. 
Thompson,  of  Leon,  beg  leave  to  report  that  they  have  con- 
sidered the  same,  and  that  the  subject  matter  properly  belongs 
to  the  Committee  on  Education,  and  respectfully  return  it 
with  the  recommendation  that  it  be  referred  to  that  committee. 

They  also  report  that  Article  No.  52,  offered  by  Mr.  Sanchez, 
of  Alachua,  is  substantially  the  same  as  one  offered  by  Mr. 
Lutterloh,  of  Levy,  and  heretofore  reported  on  by  this  com- 
mittee. They  therefore  recommend  that  it  be  laid  on  the 
table. 

Very  respectfully, 

W.  A.  Hooker, 

Chairman  of  Committee. 

Which  was  received,  and  the  accompanying  papers  were 
placed  among  the  orders  of  the  day. 

Mr.  Oliveros,  Chairman  of  the  Committee  on  Enrollment 
and  Engrossment  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  3,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention: 

Sir  :  Your  Committee  on  Engrossment  and  Enrollment,  to 
whom  was  referred — 

Articles  No.  5  and  and  Preamble  and  Bill  of  Rights,  beg 
to  report  that  they  have  examined  and  compared  the  same 
and  find  them  properly  engrossed. 

Very  respectfully, 

B.  F.  Oliveros,  Chairman, 
Theodore  Randell, 
S.  E.  Hope, 

Committee. 

Which  was  received. 

Mr.  Gillis,  Chairman  of  the  Committee  to  Revise  and  Su- 
pervise the  Journal,  made  the  following  report : 


229 


Convention  Hall,  Tallahassee,  Fla.,  July  2,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Revising  the  Journal,  report  that 
they  have  revised  same  to  the  16th  day. 

Yery  respectfully, 

Irving  Gillis,  Chairman. 

Which  was  received. 

Mr.  Randall,  of  Duval,  offered  a  Resolution  Relating  to 
Riparian  Owners; 

Which  was  referred  to  the  Committee  on  Miscellaneous  Pro- 
visions. 

Mr.  Maxwell  offered  an  Ordinance  Relating  to  the  Office  of 
Lieutenant-Governor  ; 

Which  was  referred  to  the  Committee  on  Schedule. 

The  Preamble  and  Declaration  of  Rights  was  called  up  for 
consideration  and  read  the  third  time. 

On  motion  of  Mr.  Lesley,  Hon.  D.  S.  Walker  and  ladies 
accompanying  him,  were  invited  to  seats  within  the  bar. 

The  consideration  of  the  Preamble  and  Declaration  of 
Rights  was  resumed. 

Mr.  Maxwell  moved  to  reconsi'ier  the  vote  by  which  Section 
8  of  the  Preamble  and  Declaration  of  Rights  was  passed. 

Mr.  Malone  moved  to  amend  section  8  as  follows  : 

Strike  out  the  words  ''or  otherwise  infamous  ;" 

Which  was  not  agreed  to. 

Mr.  Taylor  offered  to  amend  section  8  as  follows  : 

Strike  out  "or  otherwise  infamous  crime"  and  insert  ''crime 
or  other  felony." 

Mr.  Randall,  of  Duval,  moved  that  section  8,  with  the  pro- 
posed amendment,  be  referred  back  to  the  committee  : 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  b}-  Mr.  Taylor  ; 
Which  was  agreed  to. 

The  question  was  then  upon  the  final  adoption  of  the  Pre- 
amble and  Declaration  of  Rights. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Flamilton,  Bennett,  Bethel,  Blackburn,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Coker,  Cook,  Davidson, 
Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston, 


230 


Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 
Mann,  Marshall,  Maxwell,  Milton,  Mitchell,  Morgan,  McCaskill, 
McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parsons,  Paterson,  Pelot,  Pettv,  Randall  of  Duval,  Randell  of 
Madison.  Randolph,  Richard,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson, 
Tolbert,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly  and  Zipperer — 89. 

Nays — Messrs.  Chandler,  Clarke  of  Jefferson,  Conover, 
Davis,  Fowler,  Miller  and  Parkhill — T. 

So  the  Preamble  and  Declaration  of  Rights  was  ad  opted  as 
amended. 

Mr.  Milton  moved  that  the  Preamble  and  Declaration  of 
Rights  be  re-engrossed  as  amended  and  be  kept  in  the  custody 
of  the  Huose. 

Mr.  Conover   moved  that  when  the  Convention  adjourn, 
it  be  until  4  o'clock,  P.  M.,  Monday. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bush,  Carr,  Coker,  Hargret,  Hausman, 
Hicks,  Humphries,  Hunter,  Ives,  Lutterloh,  Mann,  McClellan, 
Oliveros,  Paterson,  Petty,  Randell  of  Madison,  Richard, 
Rogers,  Sheats,  Thompson,  Walker,  Jr.,  Wilson  of  Clay  and 
Zipperer — 23, 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Broome,  Carter, 
Chandler,  Clarke  of  Jefferson,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Pogarty,  Fowler  Genovar,  Gribbs, 
Gillis,  Goodbread,  Goss,  Green,  Hatch,  Itendley,  Herndon, 
Hocker,  Johnston,  Jones,  Landrum,  Leslej^,  Lewis,  Love, 
Malone,  Marshal,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan, 
McCaskill,  McKinnon,  Neel,  Odom,  Orman,  Parker,  Parkhill, 
Parsons,  Pelot,  Randall  of  Duval,  Randolph,  Rowe,  Sanchez, 
Scott,  Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Tolbert, 
TurnbuU,  Wadsworth,  Wall,  Walter,  Weeks,  Wellman,  West- 
cott, Wilson  of  Polkn  and  Manatee  and  Wylly — 72. 

So  the  motion  was  not  agreed  to. 

Mr.  Tolbert  moved  that  when  the  Coivention  adjourn  it 
be  till  10  o'clock  A.  M.  Monday. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bethel,  Blackburn,  Broome,  Carter,  Clarke,  Cook,  Davidson, 
Davis,  Earle,  Edge,  Fogarty  Fowler,  Genovar,  Gillis, Goodbread, 
Goss,  Hatch,  Hendley,  Hunter,  Ives,  Jones,  Leslej^,  Love,  Ma- 


231 


lone,  Maxwell,  Milton,  Morgan,  McCaskill,  McKinnon,  Xeel, 
Odom,  Parker,  Parsons,  Pelot,  Randall  of  Duval,  Randolph, 
Rowe,  Sanchez,  Scott,  Speer,  Stone,  Swearingen,  Taylor, 
Tedder,  Tolbert,  Turnbull,  Wall,  Weeks,  Westcott,  Wilson 
of  Polk  and  Manatee,  Wylh^  and  Zipperer — 54. 

Xays — Messrs.  Baker,  Bennett,  Bush,  Carr,  Carson,  Chand- 
ler, Coker,  Conover,  Duncan,  Gibbs,  Green,  Hargret,  Haus- 
man,  Herndon,  Hicks,  Hocker,  Humphries,  Johnston,  Lan- 
drum,  Lewis,  Lutterloh,  Marshall,  Miller  Mitchell,  McClellan, 
Oliveros,  Orman,  Parkhill,  Pa^erson,  Petty,  Randell  of  Madi- 
son, Richard,  Rogers,  Sheats,  Thompson,  Wadsworth,  Walker, 
Jr.,  Walter,  Wellman  and  Wilson  of  Clay — 40. 

So  the  motion  was  -agreed  to. 

Mr.  McCaskill  moved  to  reconsider  the  vote  just  taken, 
and  to  lay  the  motion  to  reconsider  on  the  table  ; 
Which  was  agreed  to. 

Article  XII,  on  Taxation  and  Finance,  was  read  the  first 
time  b}^  its  title  and  placed  among  the  orders  of  the  day. 

Mr.  Hocker,  Chairman  of  the  Committee  on  Public  Institu- 
tions, gave  notice  that  he  would  call  up  Article  X,  on  Public 
Institutions,  for  its  third  reading  on  Tuesday. 

Article  TI,  on  Homestead  Exemptions,  came  up  for  consid- 
eration. 

Mr.  Maxwell  offered  the  folio  wing:  substitute  for  Article 
YI  : 

ARTICLE  YI. 

HOMESTEAD  EXEMPTION-. 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  land,  or  the  half  of  one  acre  within  the  limits  of 
an}'  incorporated  city  or  town,  owned  by  the  head  of  a  family 
residing  in  this  State,  with  the  dwelling-house  and  necessary 
out-houses  and  fences  on  such  land,  together  with  one  thousand 
dollars  worth  of  personal  property,  shall  be  exempted  from 
forced  sale  under  any  process  of  law,  and  the  real  estate  shall 
not  be  alienable,  except  by  will,  without  the  joint  consent  of 
husband  and  wife,  when  that  relation  exists.  But  no  property 
shall  be  exempt  .from  sale  for  taxes,  or  for  the  payment  of  obli- 
gations contracted  for  the  purchase  of  the  same,  or  for  the  erec- 
tion of  improvements  on  the  lands,  or  for  house,  field  or  other 
labor  performed  on  the  same. 

Sec.  2.  The  exemption  of  lands  and  buildins^s  provided  for 
in  the  previous  section  shall  be  so  limited  that  the  value  will 
not  exceed  five  thousand  dollars  ;  Provided.  This  limitation 
shall  not  apply  outside  a  city  or  town  to  forty  acres  or  less 


232 


used  for  the  growth  of  agricultural  or  other  products  there- 
from, or  for  any  farming  industries,  on  which  is  the  dwelling- 
house  and  other  houses  and  improvements  connected  with  such 
use  ;  nor  shall  it  apply  to  the  lands  in  a  city  or  town  on  which 
is  the  dwelling-house  and  other  buildings  connected  therewith 
used  for  the  purposes  of  a  family  residence,  unless  also  used 
for  business  purposes. 

Sec.  3.  After  the  death  of  any  party  entitled  to  the  exemp- 
tions herein  provided  for,  such  exemptions  shall  accrue  to  the 
widow  and  minor  children  of  such  party,  and  to  others  depend- 
ent on  such  party  for  support  and  maintenance  at  the  time  of 
death. 

Sec.  4.  The  Legislature  shall  by  law  provide  the  mode  of 
ascertaining  the  exemptions  in  cases  where  the  limitations 
herein  provided  for  shall  apply ;  and  shall  also  pass  such  laws 
as  may  be  needed  to  give  effect  to  exemptions  after  the  death 
of  the  party  entitled  to  the  same. 

Which  was  ordered  printed. 

Mr.  Orman  moved  that  the  farther  consideration  of  Article 
YI  be  deferred  until  Tuesday  ; 
Which  was  agreed  to. 

Ordinance  No.  1,  on  temperance,  came  up  for  considera- 
tion. 

Section  1  was  read. 

Mr.  yY alter  moved  to  amend  by  striking  out  the  word  "  two  " 
wherever  it  may  appear  and  insert  the  word  four  "  in  lieu 
thereof 

Mr.  Parsons  offered  the  following  amendment : 
Strike  out  the  words  "intoxicating  liquors,  either  spiritu- 
ous, vinous  or  malt,"  and  insert     distilled  liquors  as  a  bev- 
erage." 

Mr.  McClellan  offered  the  following  substitute  for  the 
whole  article : 

The  Legislature  shall  pass  such  laws  as  are  necessary  to  sub- 
mit to  a  vote  of  the  qualified  electors  of  every  county  in  this 
State  the  question  as  to  the  mode  or  manner  of  selling  or  not 
selling  spirituous  liquors  in  the  respective,  counties  of  the* 
State. 

Mr.  Turnbull  moved  that  farther  consideration  of  Ordi- 
nance No.  — .  on  Temperance,  be  deferred  till  Wednesday 
mornmg  at  10  o'clock. 

Mr.  Walker  offered  the  following  article : 

The  Seat  of  Government  shall  be  at  the  City  of  Talla- 
hassee ; 

Which  was  referred  to  the  Committee  on  Miscellaneous 
Provisions. 


f 


233 


By  consent  of  the  House  Mr.  Humphries  offered  the  follow- 
ing substitute  for  Article  — ,  on  Temperance  : 

Section  1.  The  Board  of  County  Commissioners  of  each 
count}"  in  the  State  shall  order  an  election  to  be  held  in  the 
several  election  districts  on  the  first  Tuesday  after  the  first 
Monday  in  September,  A.  D.  1887,  and  every  two  years  there- 
after, to  determine  whether  intoxicating  liquors,  either  spir- 
ituous, vinous  or  malt,  shall  be  sold  in  the  said  districts  of  the 
several  counties  within  the  period  of  two  years  from  the  hold- 
ing of  said  election,  the  question  to  be  determined  in  the 
negative  by  a  majority  vote  of  those  voting  at  said  election. 
Elections  under  this  section  shall  be  conducted  in  the  same 
manner  as  provided  by  law  for  holding  general  elections. 

Which  was  ordered  spread  upon  the  Journal. 

The  following  members  were  excused  until  Tuesday  : 

Messrs.  Carson,  Miller,  Coker,  Goodbread,  Oliveros,  Rich- 
ard, Petty,  Lewis,  Rogers,  Mann,  Lutterloh,  Zipperer,  Black 
burn,  McClellan,  Campbell,  Conover,  Carr,  Thompson.  Mitch- 
ell, Wilson  of  Clay,  (Stephens,  Reading  Clerk),  Johnston, 
Neel,  Wadsworth  and  Cheats. 

The  following  members  were  excused  until  Wednesday  : 

.'lessrs.  Baker,  Bush,  Ives  and  Walter. 

On  motion  of  Mr.  Baker,  the  Convention  a  ljourned  until  10 
o'clock  A.  M.,  Monday. 


TWENTY-SECOND  DAY. 


MOXDAY,   July   8.  1855. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  beiug  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Broome,  Carter,  Carr,  Chandler,  Con- 
over,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Hatch,  Hendley,  Hern- 
don,  Hicks,  Hocker,  Landrum,  Lesley,  Malone,  Marshall, 
Maxwell,  Milton,  Mitchell,   Morgan,   McCaskill,  McKinnon, 


234 


Odom,  Orman,  Parker,  Parsons,  Paterson,  Pelot,  Petty,  Ran- 
dall of  Duval,  Randell  ot  Madison,  Randolph,  Rowe,  San- 
chez, Scott,  Speer,  Stone,  Taylor,  Tedder,  Tolbert,  Walker,  Jr., 
Wall,  Weeks,  Welhnan,  Westcott,  Wylly  and  Yonge— 62. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Hunter  was  indefinitely  excused  on  account  of  sickness. 
Messrs.  Green,  Hope  and  Wilson  of  Polk  were  excused  until 
Wednesday. 

Mr.  Hatch  moved  that  the  reading  of  the  Journal  be 
dispensed  with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Bethel  moved  to  correct  the  Journal  of  Thursday  by 
striking  out  the  word  Legislature,"  in  the  amendment  of- 
fered by  him  to  Section  3,  Article  IV.,  and  insert  the  words 
"  House  of  Representatives  "  in  lieu  thereof; 

Which  was  agreed  to. 

Mr.  Wellman  offered  a  memorial  and  protest  from  the  citi- 
zens of  De  Land,  in  Volusia  county,  in  regard  to  State  Board 
of  Health ; 

Which  was  referred  to  the  Committee  on  Public  Health. 

The  following  Resolutions,  Articles  and  Ordinances  were  in- 
troduced and  referred  to  the  appropriate  committees  : 

Mr.  Mitchell  offered  Ordinance  No.  66  :  In  relation  to 
rights ; 

Which  was  referred  to  the  Committee  on  Preamble  and 
Declaration  of  Rights 

Mr.  Mitchell  offered  Ordinance  No.  67  :  In  relation  to  the 
pay  of  mechanics  and  laborers  ; 

Which  was  referred  to  the  Committee  oq  Miscellaneous  Pro- 
visions. 

Mr.  Pett}^  offered  Ordinance  No.  68  :  Regulating  county 
registration  ; 

Which  was  referred  to  the  Committee  on  Constitutional 
Amendments. 

Mr.  Paterson  called  up  the  following  sections,  introduced  by 
him  on  last  Tuesday,  and  asked  that  they  be  re-referred  : 

The  repeal  or  amendment  of  a  statute  relating  to  crimes  or 
misdemeanors,  or  providing  for  the  punishment  thereof,  shall 
not  affect  any  offence  committed  prior  to  such  repeal  or  amend- 
ment, nor  the  prosecution  thereof,  but  the  statute  repealed  or 
amendment  shall  remain  in  full  force  as  to  any  such  offence  and 
the  prosecution  thereof; 

Which  was  re-referred  to  Committee  on  Legislative  Depart- 
ment. 


235 


Also  the  following: 

Section  — .  Xo  statute  shall  be  passed  lessening  the  time 
within  which  a  civil  action  may  be  commenced  on  any  cause  of 
action  existing  at  the  time  of  its  passage  ; 

Which  was  re-referred  to  the  Committee  on  Preamble  and 
Declaration  of  Rights. 

Mr.  Randolph  obtained  leave  and  introduced  the  following 
resolution : 

Resolved,,  That  the  President  shall  appoint  a  Standing 
Committee,  to  be  known  as  "  The  Committee  on  Revis- 
ion and  Adjustment,"  and  their  duties  shall  be  as  fol- 
lows :  Whenever  any  article  or  ordinance  of  the  Con- 
vention shall  have  passed  its  second  reading,  and  have 
been  engrossed,  it  shall  be  referred  to  this  committee, 
who  shall  make  a  close  examination  of  its  import  and 
phraseology.  When  the  said  article  or  ordinance  shall  be 
called  up  for  its  third  or  final  reading  the  Committee  on  Revis- 
ion and  Adjustment  shall  then  and  there  suggest  to  the  Con- 
vention such  changes  as  they  may  deem  expedient  or  neces- 
sary. This  committee  shall  be  composed  of  one  member  from 
each  of  the  Standing  Committees  of  this  Convention  ; 

Which  was  read. 

Mr.  Randolph  moved  to  waive  the  rules  so  that  the  resolu- 
tion might  receive  immediate  consideration ; 

Which  was  not  agreed  to,  and  the  resolution  was  placed 
among  the  orders  of  the  da}'  for  consideration  on  to-morrow. 

Article  VII,  on  Married  Women's  Property,  was  read  the 
third  time. 

Mr. Randall,  of  Duval,  moved  that   no   farther  action  be 
taken  on  Article  YII  until  to-morrow  ; 
Which  was  agreed  to. 

Mr.  Baker  moved  that  the  Convention  take  a  recess  until  5 
o'clock  P.  M.  to-day  ; 
Which  ^^as  agreed  to. 


FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Broome,  Bush, 
Campbell,  Carter,  Chandler,    Clarke  of  Jefferson,  Conover, 


236 


Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goss,  Hatch,  Hendley,  Henderson,  Hern- 
don,  Hicks,  Hocker,  Johnston,  Jones,  Landrum,  Lesley,  Lewis, 
Love,  Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McCaskill, 
McClellan,  McKinnon,  Neel,  Odom,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell 
of  Madison,  Randolph,  Richard,  Ro we,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Turnbull,  Walker,  Jr.,  Wall,  Weeks,  Wellman,  Westcott,  Wylly 
and  Yonge — 79. 
A  quorum  present. 

On  motion  of  Mr.  Malone,  it  was  agreed  to  take  up  Article 
YII  and  consider  it  on  the  question  of  its  final  passage. 

Mr.  Hicks  moved  to  reconsider  the  vote  just  taken  to  take 
up  Article  YII ; 

Which  was  not  agreed  to. 

The  roll  was  then  called  on  the  final  passage  of  Article 
YIL 

The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade,  Ben- 
nett, Bethel,  Blackburn,  Broome,  Campbell,  Conover,  Cook, 
Davidson,  Davis,  Earle,  Edge,  Fogartj^,  Fowler,  Genovar,  Gillis, 
Hendley,  Henderson,  Herndon,  Hicks,  Johnston,  Jones,  Lan- 
drum, Leslie,  Love,  Malone,  Maxwell,  Milton,  Morgan,  Mc- 
Kinnon, Neel,  Odom,  Orman,  Parker,  Parkhill,  Parsons,  Pelot, 
Randall  of  Duval,  Randolph,  Richard,  Rowe,  Scott,  Speer, 
Stone,  Taylor,  I'edder,  Tompkins,  Turnbull,  Walker,  Jr.,  Wall, 
Weeks,  Wellman,  Westcott,  Wylly  and  Yonge— 55. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Carter,  Chandler, 
Clarke  of  Jefferson,  Duncan,  Gibbs,  Goss,  Hatch,  Hocker, 
Lewis,  Marshall,  McCaskill,  McClellan,  Paterson,  Petty,  Ran- 
dell of  Madison,  Sanchez,  Sheats,  Thompson  and  Tolbert — 21. 

So  the  Article  was  passed. 

Mr.  Maxwell  moved  to  reconsider  the  vote  just  taken,  and 
farther  moved  to  lay  the  motion  to  reconsider  on  the  table ; 
Which  was  agreed  to. 

Article  YIII  came  up  for  a  second  reading. 
Mr.  Yonge  moved  to  postpone  action  on  Article  YIIT  until 
to-morrow  ; 

Which  was  agreed  to. 

Mr.  Baker  moved  to  adjourn  until  9  o'clock  A.  M.  to-mor- 
row ; 

Which  was  agreed  to. 


237 


TWEiSTTY-THIRD  DAY. 


TUESDAY,  July  7,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Broome,  Bush, 
Campbell,  Carter,  Chandler,  Clarke  of  Jefferson,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goss,  Hendley,  Henderson,  Herndon,  Hicks, 
Hocker,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Malore,  Marshall,  Maxwell,  Milton,  Mitchell,  Morgan,  Mc- 
Caskill,  McClellan,  McKinnon,  Neel,  Odom,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval, 
Randell  of  Madison,  Randolph,  Richard,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearinsjen,  Ta3'lor,  Tedder, 
Tolbert,  Tompkins,  Turnbull,  Walker,  jr.,  Wail,  Weeks,  Well- 
man,  Westcott,  Wylly  and  Yonge — 77. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Hatch  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  afternoon  Journal  was  corrected  so  as  to  show  that  Mr. 
Maloue  moved  to  take  up  Article  YII  on  Married  Women's 
Propert3^ 

The  Journal  was  approved  as  corrected. 

The  Journal  of  Friday,  Julj^  :3d,  was  corrected  so  as  to 
show  that  the  Preamble  and  Declaration  of  Rights  was  read 
a  third  time  on  that  da}^ 

Mr.  Carter  introduced  the  following  resolution : 

Resolved^  That  the  services  of  the  clerks  of  committees 
employed  by  authority  of  this  Convention  be  dispensed  with 
after  July  1 6th  ; 

Which  was  read  and  laid  over  under  the  rules. 

Mr.  Bennett  introduced  the  following  resolution  : 

Whereas,  It  is  probable  that  the  appropriation  for  the  ex- 
penses of  this  Convention  will  prove  inadequate  to  cover  the 


1 


238 

disbursements  for  election  expenses,  the  printing  bills  of  this 
Convention,  the  salaries  of  its  attaches,  the  mileage  and  per 
diem  of  its  members ;  therefore,  be  it 

Resolved^  That  the  per  diem  shall  not  be  settled  until  ail 
other  claims  against  the  said  appropriation  shall  have  been 
prQvided  for.  The  balance  of  the  appropriation  shall  then  be 
equally  divided  among  the  members ;  Provided^  That  each 
member's  proportion  shall  not  exceed  the  pay  of  a  member  of 
the  Legislature. 

Resolved^  That  a  committee  of  five  be  appointed  to  consider 
and  report  upon  what  salaries  may  appropriatel}^  be  paid  to 
the  attaches  of  this  Convention  ; 

Which  was  read  and  laid  over  under  the  rules. 

The  following  resolution,  offered  by  Mr.  Randolph  on  yes- 
terday, came  up  for  consideration  : 

Resolved^  That  the  President  shall  appoint  a  Standing  Com- 
mittee, to  be  known  as  "  The  Committee  on  Revision  and  Ad- 
justment," and  their  duties  shall  be  as  follows  :  Whenever 
any  article  or  ordinance  of  the  Convention  shall  have  passed 
its  second  reading,  and  have  been  engrossed,  it  shall  be  refer- 
red to  this  committee,  who  shall  make  a  close  examination  of 
its  import  and  phraseology.  When  the  said  article  or  ordi- 
nance shall  be  called  up  for  its  third  or  final  reading  the  Com- 
mittee on  Revision  and  Adjustment  shall  then  and  there  sug- 
gest to  the  Convention  such  changes  as  they  may  deem  expe- 
dient or  necessar}^  This  committee  shall  be  composed  of  one 
member  from  each  of  the  Standing  Committees  of  this  Con- 
vention. 

The  question  was  upon  the  adoption  of  the  resolution. 
Mr.  Baker  off"ered  to  amend  the  resolution  as  follows  : 
That  the  chairmen  of  each  of  the  standing  committee^  ^hail 
constitute  such  committee  ; 
Which  was  accepted. 

Mr.  Chandler  offered  to  amend  the  amendment  as  follows  : 

Strilie  out  all  of  Mr.  Baker's  amendment  and  insert  as  fol- 
lows:   "  This  committee  shall  consist  of  nine  members." 

Mr.  Tolbert  moved  that  the  resolution  and  proposed  amend- 
ments be  referred  to  the  Committee  on  Style  and  Arrange- 
ment ; 

Which  was  agreed  to. 

The  following  Articles,  Ordinances  and  Resolutions  were 
oflTered : 

Mr.  Randolph  offered  Article  No.  70,  relating  to  the  books 
and  offices,  and  for  preventing  unjust  discrimination  and  ex- 
tortion by  all  public  carriers  ; 


239 


Which  was  referred  to  the  Committee  on  Private  Corpora- 
tions. 

The  roll  of  committees  being  called  the  following-,  reports 
were  otfered  • 

Mr.  Sanchez,  Chairman  of  the  Committee  on  Judiciafj  De- 
partment, made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

-  Sir  :  Your  Committee  on  Judicial  Department,  to  whom 
was  referred 

Resolution  No.  2,  b}'  Mr.  Campbell,  of  Walton  county,  on 
election  of  officers  ;  also.  Resolution  No.  4,  b}'  Mr.  Randell, 
of  Madison  count}',  in  reference  to  elections  ;  also,  Resolution 
No.  7,  by  Mr.  Fowler,  of  Putnam  count}',  in  reference  to 
appeals  ;  also,  Resolution  No.  12,  by  Mr.  Stone,  of  Calhoun 
count}',  relative  to  costs  in  criminal  cases  ;  also.  Resolution 
No.  14,  by  Mr.  Stone,  of  Calhoun  county,  in  reference  to 
Board  of  Education;  also,  Resolution  No.  16,  by  Mr.  Walker, 
Jr.,  of  Leon  county,  relative  to  election  of  officers ;  also. 
Resolution  No.  21,  by  Mr.  Carter,  of  Levy  county,  in  relation 
to  the  judicial  system  ;  also,  Resolution  No.  23,  by  Mr.  Heud- 
ley,  of  Hernando  county,  relating  to  jurisdiction  of  courts  ; 
also,  Resolution  No.  27,  by  Mr.  Da^'Ts,  of  Gadsden  county, 
relative  to  grand  jurors;  also,  Resolution  No.  38,  by  Mr.  Rog- 
ers, of  Suwannee  county,  in  relation  to  the  selection  of  juries; 
aUo,  Resolution  No.  39,  by  Mr.  Rogers,  of  Suwannee  county, 
in  relation  to  divorce  ;  also,  Resolution  No.  47,  by  Mr.  Mann, 
of  iieriiapdo,  relative  to  bribery  of  officials;  also,  Resolution 
No.  48.  by  Mr.  Mann,  of  Hernando,  relative  t'>  condemnation 
of  privare  property;  also,  Resolution  No.  55,  by  Mr.  Greeley, 
of  Duval,  to  establish  Municipal  Courts  ;  also  Resolution  No. 
60,  by  Mr.  Ives,  of  Columbia,  to  abolish  swearing  to  common 
law  pleas  ;  also.  Resolution  No.  62,  by  Mr.  Ives,  of  Columbia, 
relative  to  appeals  from  trials  in  inferior  courts  ;  also.  Reso- 
lution No.  63,  by  Mr.  Landrum,  of  Santa  Rosa,  relative  to 
judicial  department  and  terms  of  officers  ;  also.  Resolution 
No.  68.  by  Mr.  Hunter,  of  Baker,  relating  to  the  election  of 
Judges  and  Justices  of  the  Peace  ;  also.  Resolution  No.  77,  by 
Mr.  Fowler,  of  Putnam,  to  abolish  the  grand  jury  system; 
also,  Resolution  No.  79,  by  Mr.  Morgan,  of  Suwannee,  relative 
to  errors  and  omissions  of  public  officers  ;  also,  Resolution 
No.  89,  by  Mr.  Tolbert,  of  Columbia,  relative  to  the  power  of 
Justices  of  the  Peace ;  also,  Resolution  No.  95,  by  Mr.  Goss, 
of  Marion,  limiting  the  power  of  the  Clerk  of  the  Court  and 


240 


creating  a  Count}^  Auditor  ;  also.  Resolution  No.  102,  by  Mr. 
Walter,  of  Duval,  relating  to  punishment  for  violation  of  or- 
dinances of  cities  and  towns ;  also.  Resolution  No. 
117,  by  Mr.  Zipperer,  of  Hamilton,  relative  to 
election  of  Justices  of  the  Peace:  also.  Resolution 
No.  124,  by  Mr.  Wilson,  of  Polk  and  Manatee, 
relative  to  County  Courts  ;  also.  Resolution  No.  127,  by  Mr. 
Hausman,  of  Madison,  authorizing  County  Judges  to  issue  mar- 
riage licenses  ;  also,  Resolution  No.  135,  by  Mr.  Baker,  of  Nas- 
sau, providing  for  the  organization  of  County  Courts  ;  also, 
Resolution  No.  141,  by  Mr.  Tedder,of  Taylor,  to  reduce  the  num- 
ber of  Judicial  Districts  and  to  provide  salaries  of  the  judges  ; 
also.  Resolution  No.  143,  by  Mr.  Zipperer,  of  Hamilton,  rela- 
tive to  issuing  bonds ;  also.  Resolution  No.  144,  by  Mr.  Zip- 
perer, of  Hamilton,  restricting  Judges  in  certain  cases. 

Also,  the  following  ordinances  :  Ordinance  No.  1,  by  Mr. 
Blount,  of  Escambia,  defining  the  distribution  of  judicial 
power  and  providing  for  the  appointment  of  J udges  ;  also. 
Ordinance  No.  2,  by  Mr.  Blount,  of  Escambia,  providing  for 
the  creation  of  Criminal  Courts  for  the  counties  of  Duval,  Es- 
cambia, and  Monroe ;  also  Ordinance  No.  6,  by  Mr.  Love,  of 
Gadsden,  relating  to  the  Judicial  Department  ;  also.  Ordi- 
nance No.  13,  by  Mr.  Walker,  of  Leon,  prescribing  the  elec- 
tion and  method  of  electing  Judges  of  the  Supreme  Court,  and 
Solicitor  of  Circuit,  and  County  Judges  and  Justices  of  the 
Peace  ;  also,  Ordinance  No.  25,  by  Mr.  Lesley,  of  Hillsborough, 
relating  to  tax  deeds  ;  also.  Ordinance  No.  28,  by 
Mr.  Hocker,  of  Sumter,  relating  to  Judicial  department;  also, 
Ordinance  No.  30,  by  Mr.  Blackburn,  of  Suwannee,  providing 
for  the  manner  of  electing  Notaries  Public;  also.  Ordinance 

;N'o.   ,  by  Mr.  Blount,  of  Escambia,  establishing  criminal 

courts  for  the  counties  of  Duval  and  Escambia  ;  would  re- 
spectfully report  that  we  have  carefully  examined  and  consid- 
ered all  of  said  articles,  ordinances  and  resolutions,  and  have 
incorporated  such  parts  of  them  as  coincided  with  our  views 
in  the  Article  No.  XI,  on  Judicial  Department,  prepared  by 
us,  and  herewith  presented  to  the  Convention. 

We  respectfully  refer  all  of  said  articles,  ordinances  and  res- 
olutions back  to  the  Convention,  and  recommend  that  our  said 
Article  No.  XI  be  adopted  as  a  substitute  for  them  as  a  whole, 
and  your  committee  respectfully  ask  to  be  discharged  from  the 
further  consideration  of  said  article. 

Yery  respectfully, 

E.  C.  F.  Sanchez,  Chairman. 

Which  was  received. 


241 


Majority  Report.] 

ARTICLE  XL 

JUDICIARY  DEPARTMENT. 

Section  L  The  Judicial  power  of  tlie  State  shall  be  vested 
iu  a  Supreme  Court,  Circuit  Courts,  Couaty  Courts  and  Jus- 
tices of  the  Peace. 

Sec.  2.  The  st3de  of  all  process  shall  be  "The  State  of 
Florida,"  aud  all  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authorit}^  of  the  same. 

Sec.  3.  The  Supreme  Court  shall  consist  of  a  Chief-Justice 
and  two  Associate  Justices,  who  shall  be  elected  by  the  quali- 
fied electors  of  the  State  at  the  time  and  places  of  voting  for 
members  of  the  Legislature,  and  shall  hold  their  office  for  the 
term  of  six  years,  except  those  first  elected,  one  of  whom,  to 
be  designated  by  lot  in  such  manner  as  they  ma}^  determine, 
shall  hold  his  office  for  two  years,  another  to  be  designated  in 
like  manner  for  four  years,  and  the  third  for  six  3^ears,  so  that 
one  shall  be  elected  every  two  years  after  the  first  election. 

Sec  4.  The  majority  of  the  Justices  of  the  Supreme  Court 
shall  constitute  a  quorum  for  the  transaction  of  all  business. 
The  terms  of  the  Supreme  Court  shall  be  held  at  the  Capital 
of  the  State  at  the  times  that  now  are  or  may  be  provided  by 
law.  The  Legislature  shall  have  power  to  prescribe  regula- 
tions for  calling  into  the  Supreme  Court  a  Judge  of  the  Cir- 
cuit Court  to  hear  and  determine  any  matters  pending  before 
the  court  in  the  place  of  any  Justice  thereof,  who  shall  be  dis- 
qualified or  disabled  in  such  case,  from  interest  or  other  cause. 

Sec.  0.  The  Supreme  Court  shall  have  appellate  jurisdiction 
in  all  cases  at  law,  civil  and  criminal,  and  in  equity  com- 
menced in  the  Circuit  Courts,  and  of  appeal  from  the  Circuit 
Court  iu  cases  arising  in  the  County  Courts  as  Courts  of  Pro- 
bate, and  in  the  management  of  the  estates  of  infants  and  of 
cases  tried  in  the  Circuit  Courts  on  appeal  from  the  County 
Courts  where  the  demand  or  value  of  the  property  involved 
exceeds  one  hundred  dollars,  and  of  appeals  direct  from  the 
County  Courts  of  all  felonies  tried  therein.  The  Court  shall 
have  power  to  issue  writs  of  mandamus,  certiorari,  prohibition, 
quo-warranto,  habeas  corpus,  and  also  all  writs  necessary  or 
proper  to  the  complete  exercise  of  its  jurisdiction.  Each  of 
the  Justices  shall  have  power  to  issue  writs  of  habeas  corpus 
to  any  part  of  the  State  upon  petition  by  or  on  behalf  of  an}^ 
person  held  in  actual  custod}^,  and  may  make  such  writs  return- 
able before  himself,  or  the  Supreme  Court,  or  any  Justice 
thereof,  or  before  any  Circuit  Judge. 

Sec.  6.  The  Supreme  Court  shall  appoint  a  Clerk  of  the 
16 


242 


Supreme  Court,  who  shall  have  his  office  at  the  Capital,  and 
shall  be  Librarian  of  the  Supreme  Court  library  ;  he  shall 
hold  his  office  until  his  successor  is  appointed  and  qualified. 

Sec.  7.  There  shall  be  seven  Circuit  Judges,  who  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  times  and 
places  of  voting  for  members  of  the  Legislature,  who  shall 
hold  their  office  for  six  years.  The  iState  shall  be  divided  into 
seven  Judicial  Circuits.  One  of  said  Judges  shall  be  elected 
from  each  circuit,  and  shall  be  the  Judge  of  the  Circuit  from 
which  he  is  elected,  but  said  Judges  shall  be  elected  by  the 
qualified  electors  of  the  State  at  large.  Such  Judge  shall  hold 
at  least  two  terms  of  his  court  in  each  county  within  his  cir- 
cuit each  year,  at  such  times  and  places  as  may  be  regulated 
by  law.  Such  Judge  may  hold  special  terms  of  his  Court. 
The  Governor  may  in  his  discretion  order  a  temporary  ex- 
change of  Circuits  by  the  respective  Judges,  or  any  Judge  to 
hold  one  or  more  terms  or  parts  of  terms  in  siny  other  Circuit 
than  that  for  which  he  was  elected.  Until  otherwise  defined 
by  the  Legislature  the  several  Judicial  Circuits  shall  be  as 
follows  : 

The  First  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Escambia,  Santa  Rosa,  Walton,  Holmes,  Washington  and 
Jackson. 

The  Second  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Gadsden,  Liberty,  Calhoun,  Franklin,  Leon,  Wakulla 
and  Jefferson. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Madison,  Taylor,  Lafayette,  Hamilton,  Suwannee  and 
Columbia. 

The  Fourth  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Nassau,  Duval,  Baker,  Bradford,  Clay  and  St.  Johns. 

The  Fifth  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Putnam,  Alachua,  Levy,  Marion  and  Sumter. 

The  Sixth  Judicial  Circuit  shall  he  composed  of  the  counties 
of  Hernando,  Hillsborough,  Manatee,  Polk  and  Monroe. 

The  Seventh  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Yolusia,  Brevard,  Orange  and  Dade. 

Sec.  8.  The  Circuit  Courts  shall  have  original  jurisdiction 
in  all  cases  in  equity,  also  exclusive  jurisdiction  in  all  cases  at 
law  in  which  the  demand  or  value  of  the  property  involved  ex- 
ceeds five  hundred  dollars,  and  in  all  cases  involving  the  legal 
ity  of  any  tax,  assessment,  toll,  or  fine  imposed  for  the  viola- 
tion of  any  ordinance  of  any  incorporated  city  or  town,  and  of 
actions  involving  the  title  or  right  of  possession  of  real  estate, 
and  all  criminal  cases  except  such  as  may  be  cognizable  by 
law  by  inferior  courts.    They  shall  also  have  concurrent  juris- 


243 


diction  with  the  County  Courts,  of  all  cases  at  law  cognizable 
by  County  Courts,  in  which  the  demand  or  value  of  the  pro- 
perty involved  exceeds  two  hundred  dollars,  and  of  the  action 
of  forcible  entry  and  unlawful  detainer.  The}'  shall  have  ap- 
pellate jurisdiction  of  matters  pertaining  to  the  probate  juris- 
diction and  the  estates  and  interests  of  minors  in  the  County 
Courts,  and  final  appellate  jurisdiction  in  all  civil  cases  arising 
in  the  County  Courts  in  which  the  demand  or  the  value  of  the 
property  involved  is  one  hundred  dollars  or  less,  and  appellate 
jurisdiction  subject  to  an  appeal  to  the  Supreme  Court  when 
the  demand  or  the  value  of  the  property-  involved  exceeds  one 
hundred  dollars,  and  of  all  misdemeanors  tried  before  the 
CountyCourt,  and  of  cases  arising  in  the  Mayor's  Courts.  The 
Circuit  Courts  and  Judges  shall  have  power  to  issue  writs  of 
mandamus,  iujunction,  quo  warranto,  certiorari,  habeas  corpus, 
prohibition  and  all  other  writs  proper  and  necessary  to  the 
complete  exercise  of  their  jurisdiction. 

Sec.  9.  All  appeals  to  the  Circuit  Courts  shall  be  trials  de 
novo. 

Sec.  10.  It  shall  be  the  duty  of  the  Judges  of  the  Circuit 
Courts  to  report  to  the  Attorney  General  at  least  thirty  days 
before  each  session  of  the  Legislature  such  defects  in  the  laws 
as  ma}'  have  been  brought  to  their  attention  and  to  suggest 
such  amendments  or  additional  legislation  as  may  be  deemed 
necessar3^  The  Attornej'  General  shall  report  to  the  Legis- 
lature at  each  session  such  legislation  as  he  may  deem  ad- 
visable. 

Sec.  1L  There  shall  be  a  Count}-  Court,  which  shall  be  a 
Court  of  Record,  organized  in  each  county,  and  the  Judge  of 
said  Court  shall  be  elected  by  the  qualified  electors  of  said 
county  at  the  time  and  places  of  voting  for  members  of  the 
Legislature  and  shall  hold  his  office  for  four  years.  The 
Judge  of  the  County  Court  shall  be  a  practicing  attorney  of 
not  less  than  three  years  practice,  whose  compensation  shall 
be  fixed  by  law. 

Seu.  12.  The  County  Court  shall  have  jurisdiction  of  all 
misdemeanors  and  of  all  cases  of  larceny  where  the  propertv 
stolen  does  not  exceed  twenty  dollars.  The  County  Court 
shall  have  jurisdiction  of  actions  at  law  in  which  the  demand 
or  the  value  of  the  property  involved  does  not  exceed  five 
hundred  dollars.  The  Judge  of  the  County  Court  shall  have 
jurisdiction  to  take  probate  of  wills,  to  grant  letters  testa- 
mentary and  of  administration  and  guardianship  and  of  the 
settlement  of  the  estates  of  decedents  and  minors,  and  to  dis- 
charge the  duties  usually  pertaining  to  courts  of  probate, 
including  the  power  to  order  the  sale  of  real  estate  of  minors, 


244 


subject  to  such  regulations  as  may  be  provided  by  law  and 
subject  to  the  appellate  jurisdiction  of  the  Circuit  Court  under 
such  regulations  as  now  are  or  may  be  provided  by  law.  They 
may  also  have  jurisdiction  of  proceedings  relating  to  the  forci- 
ble entry  or  unlawful  detention  of  lands  and  tenements.  The 
County  Commissioners  of  each  county  may,  if  they  deem 
necessary,  call  an  election  by  the  qualified  electors  of  the 
county  for  a  County  Attorney  ;  he  shall  be  a  practicing  attor- 
ney and  shall  prosecute  all  criminal  cases  before  the  County 
Court,  and  be  the  attorney  and  legal  adviser  of  the  Board  of 
County  Commissioners,  who  shall  prescribe  his  compensation. 

Sec.  13.  There  shall  be  elected  by  the  qualified  electors  of 
each  Judicial  Circuit,  a  State  Attorney,  whose  duties  shall  be 
prescribed  by  law.  He  shall  hold  his  office  for  four  years  and 
until  his  successor  shall  be  elected  and  qualified.  There  shall 
be  elected  in  each  county  by  the  qualified  electors  thereof  a 
Sheriff  and  a  Clerk  of  the  Circuit  Court  who  shall  be  also  Clerk 
of  the  County  Court  and  of  the  Board  of  County  Commission- 
ers, Recorder  and  ex-officio  Auditor  of  the  County,  each  of 
whom  shall  hold  his  office  for  four  3'ears.  Their  duties  shall 
be  prescribed  by  law. 

Sec.  14.  Grand  and  petit  jurors  shall  be  taken  from  the  reg- 
istered voters  of  the  respective  counties.  The  number  of 
jurors  for  the  trial  of  causes  in  any  court  may  be  fixed  by  law. 

Sec.  15.  No  person  shall  be  eligible  for  Judge  of  the  Su- 
preme Court  or  Circuit  Courts  who  is  not  twenty-five  years  of 
age,  a  qualified  elector  of  this  State  and  a  practicing  attorney. 

Sec  16.  The  salary  of  the  Chief- Justice  and  Associate  Jus- 
tices of  the  Supreme  Court  shall  be  three  thousand  dollars 
per  annum.  The  salary  of  each  Circuit  Judge  shall  be  two 
thousand  five  hundred  dollars  per  annum. 

Sec  n.  The  counties  of  this  State  shall  be  divided  into  Jus- 
tices' Districts,  and  one  Justice  of  the  Peace  shall  be  ap- 
pointed for  each  district,  and  the  civil  jurisdiction  of  such 
Justice  shall  be  limited  to  his  district,  but  his  process  may  run 
throughout  the  county.  Such  Justice  of  the  Peace  shall  have 
jurisdiction  in  civil  actions  at  law  in  which  the  demand  or  the 
value  of  the  property  involved  does  not  exceed  twenty-five 
dollars,  and  in  criminal  cases  to  bail  and  commit  parties  ac- 
cused of  crime  to  the  Circuit  and  County  Courts.  They  shall 
have  no  jurisdiction  in  cases  where  the  title  or  boundary  of 
real  property  is  involved.  Justices  of  the  Peace  shall  be  ap- 
pointed by  the  Governor  only  upon  the  recommendation  of 
the  grand  juries  of  the  several  counties,  and  shall  always  be 
removed  by  the  Governor  upon  the  recommendation  of  the 
grand  juries. 


245 


Sec.  18  a  Constable  shall  be  elected  by  the  registered  voters 
in  each  county  for  every  five  hundred  registered  voters,  but 
each  county  shall  have  at  least  two  Constables,  and  no  county 
shall  have  more  than  twelve  Constables.  They  shall  perform 
such  duties  and  under  such  instructions  as  shall  be  prescribed 
by  law. 

Sec.  19.  All  pleas  shall  be  sworn  to  either  by  the  parties  or 
their  attorneys. 

Sec.  20,  The  Legislature  may  establish  courts  for  munici- 
pal purposes  only  in  incorporated  cities  and  towns.  All  laws 
for  the  organization  or  government  of  municipal  courts  shall 
be  general  in  their  provisions  and  be  equally  applicable  to  the 
municipal  courts  of  all  incorporated  towns  and  cities. 

Sec.  21.  No  other  courts  than  those  herein  specified  shall 
be  organized  in  this  State. 

Sec.  22.  Any  civil  .cause  may  be  tried  before  a  practicing 
attorney  as  referee  upon  the  application  of  the  parties  and  an 
order  from  the  Court  in  whose  jurisdiction  the  case  ma}'  be, 
authorizing  such  trial  and  appointing  such  referee.  Such 
referee  shall  keep  a  complete  record  of  the  case  including  the 
evidence  taken,  and  such  record  shall  be  filed  with  the  papers 
in  the  case  in  the  office  of  the  Clerk,  and  such  cause  shall  be 
subject  to  an  appeal  in  the  manner  prescribed  by  law. 

Sec.  23.  Attorneys  at  law,  who  have  been  admitted  to 
practice  in  any  court  of  record  in  any  State  of  the  Union,  or 
to  any  United  States  Court,  shall  be  admitted  to  practice  in 
any  court  of  this  State,  on  producing  evidence  of  having  been 
so  admitted. 

The  following  minority  report  was  received  ; 

Convention  Hall,  Tallahassee,  Fla.,  July  7,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Conveiition : 

Sir:  We,  the  undersigned  minorit}^  of  the  Committee  on  the 
Judicial  Department,  finding  ourselves  unable  to  concur  in  the 
report  of  the  majority  of  said  committee,  respectfully  submit 
the  accompanying  article  as  embodying  our  views,  for  the  con- 
sideration of  the  Convention. 

Yery  respectfully, 

W.  A.  Blount, 
John  W.  Malone, 
W.  H.  Milton, 
T.  L.  Clarke, 
Irving  Gillis, 
E.  M.  Randall, 

Committee. 


246 


Which  was  received,  and  both  reports  ordered  to  take  the 
usual  course. 
Minority  Report.] 

ARTICLE  XI. 

JUDICIARY  DEPARTMENT. 

Section  1.  The  Judicial  power  of  the  State  shall  be  vested 
in  a  Supreme  Court,  Circuit  Courts,  Criminal  Courts,  County 
Courts  and  Justices  of  the  Peace.  Judges  of  said  courts 
shall  be  appointed  by  the  Governor  and  confirmed  by  the 
Senate. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief-Justice 
and  two  Associate  Justices.  At  the  first  session  of  the 
Legislature  following  the  adoption  of  this  Constitution  the 
said  Justices  shall  be  appointed  and  confirmed.  One  shall  hold 
office  for  four  years,  one  for  six  years  and  one  for  eight  years, 
the  Governor,  at  the  time  of  appointment,  designating  the 
term  which  each  is  to  hold,  and  designating  the  Chief  Justice. 
Upon  the  expiration  of  their  respective  terms  the  vacancies 
shall  be  filled,  and  thereafter  each  Justice  shall  hold  office 
for  eight  years. 

Sec.  3.  No  person  shall  ever  be  appointed  as  a  Judge  of  the 
Supreme  Court,  Circuit  Courts  or  Criminal  Courts  who  is  not 
twenty-five  years  of  age  and  a  practicing  attorney  in  this 
State. 

Sec.  4.  The  majority  of  the  Justices  of  the  Supreme  Court 
shall  constitute  a  quorum  for  the  transaction  of  all  business. 
The  concurrence  of  two  Justices  shall  be  necessary  to  a  de- 
cision. The  number  of  terms  of  the  Supreme  Court  and  the 
time  of  holding  the  same  shall  be  regulated  by  law.  All  terms 
shall  be  held  at  the  Capital  of  the  State. 

Sec.  5.  The  Supreme  Court  shall  have  appellate  jurisdiction 
in  all  cases  at  law  and  in  equity  originating  in  Circuit  Courts, 
and  of  appeal  from  the  Circuit  Courts  in  cases  arising  before 
Judges  of  the  County  Courts  in  matters  pertaining  to  their 
probate  jurisdiction,  and  in  the  management  of  the  estates  of 
infants,  and  in  cases  of  conviction  of  felony  in  the  criminal 
courts,  and  in  all  criminal  cases  originating  in  the  Circuit 
Courts.  The  court  shall  have  power  to  issue  writs  of  man- 
damus, certiorari,  prohibition,  quo  warranto,  habeas  corpus, 
and  also  all  writs  necessary  or  proper  to  the  complete  exer- 
cise of  its  jurisdiction.  Each  of  the  Justices  shall  have  power 
to  issue  writs  of  habeas  corpus  to  any  part  of  the  State  upon 
petition  by  or  on  behalf  of  an^^  person  held  in  actual  custody, 
and  may  make  such  writs  returnable  before  himself  or  the  Su- 


247 


preme  Court,  or  any  Justice  thereof,  or  before  any  Circuit 
Judge. 

Seo.  6.  The  Legislature  shall  have  power  to  prescribe  regu- 
lations for  calling  into  the  Supreme  Court  a  Judge  of  the  Cir- 
cuit Court  to  hear  and  determine  any  matters  pending  before 
the  court  in  the  place  of  any  Justice  thereof  who  shall  be  dis- 
qualified or  disabled  in  such  case  from  interest  or  other  cause. 

Sec.  7.  The  Supreme  Court  shall  appoint  a  Clerk  who  shall 
have  his  office  at  the  Capital  and  shall  be  Librarian  of  the  Su- 
preme Court  Library. 

Sec.  8.  There  shall  be  seven  Circuit  Judges,  who  shall  hold 
their  office  for  eight  years.  The  State  shall  be  divided  into 
seven  Judicial  Circuits,  and  one  Judge  shall  be  assigned  to  each 
Circuit.  Such  Judge  shall  hold  at  least  two  terms  of  his  court 
in  each  county  within  his  Circuit  each  year,  at  such  times  and 
places  as  shall  be  provided  by  law,  and  may  hold  special  terms. 
The  Governor  may,  in  his  discretion,  order  a  temporary  ex- 
change of  Circuits  by  the  respective  Judges,  or  order  any- 
Judge  to  hold  one  or  more  terms  or  parts  of  terms  in  any  other 
Circuit  than  that  to  which  he  is  assigned.  The  Judge  shall  re- 
side in  the  Circuit  of  which  he  is  Judge. 

Sec.  9.  Until  otherwise  defined  by  the  Legislature  the 
several  Judicial  Circuits  of  the  Circuit  Courts  shall  be  as  fol- 
lows : 

The  First  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Escambia,  Santa  Rosa,  Walton  Holmes,  Washington  and 
Jackson. 

The  Second  Judicial  Circuit  shall  be  composed  of  the  coun^ 
ties  of  Gadsden,  Liberty,  Calhoun,  Franklin,  Leon,  Wakulla 
and  Jefferson. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Madison,  Taylor,  Lafayette,  Hamilton,  Suwannee  and 
Columbia. 

The  Fourth  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Nassau,  Duval,  Baker,  Bradford,  Clay  and  St,  Johns. 

The  Fifth  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Putnam,  Alachua,  Levy,  Marion  and  Sumter. 

The  Sixth  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Hernando,  Hillsborough,  Manatee,  Polk  and  Monroe. 

The  Seventh  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Volusia,  Brevard,  Orange  and  Dade. 

Sec.  10.  The  Circuit  Courts  shall  have  exclusive  jurisdic- 
tion in  all  cases  in  equity,  also  in  all  cases  at  law  in  which  the 
demand  or  the  value  of  the  property  involved  exceeds  two 
hundred  dollars,  and  in  all  cases  involving  the  legality  of  any 
tax,  assessment,  or  toll ;  of  the  action  of  ejectment  and  of  all  ac- 


248 


tions  involving  the  titles  or  boundaries  of  real  estate  and  of  all 
criminal  cases  not  cognizable  by  inferior  courts ;  and  original 
jurisdiction  of  actions  of  forcible  entry  and  unlawful  detainer, 
and  of  such  other  matters  as  the  Legislature  may  provide. 
They  shall  have  final  appellate  jurisdiction  in  all  civil  and 
criminal  cases  arising  in  the  County  Court,  of  all  misdemean- 
ors tried  in  Criminal  Courts,  and  of  judgments  or  sentences  of 
any  Mayor's  Court,  and  supervision  and  appellate  jurisdiction 
of  matters  arising  before  County  Judges  pertaining  to  their 
probate  jurisdiction  or  to  the  estates  and  interests  of  minors, 
and  of  such  other  matters  as  the  Legislature  may  provide.  The 
Circuit  Courts  and  Judges  shall  have  power  to  issue  writs  of 
mandamus,  injunction,  quo  warranto,  certiorari,  prohibition, 
habeas  corpus  and  all  writs  proper  and  necessary  to  the  com- 
plete exercise  of  their  jurisdiction. 

Sec.  11.  The  Circuit  Courts  and  Circuit  Judges  may  have 
such  extra  territorial  jurisdiction  in  chancery  cases  as  may  be 
provided  by  law. 

Sec.  12.  A  Circuit  Judge  may  appoint  in  each  county  in  his 
Circuit  one  or  more  attorneys  at  law,  who  shall  be  known  as 
Court  Commissioners,  who  shall  have  power  in  the  absence  of 
the  Circuit  Judge,  to  allow  writs  of  injunction  and  to  issue 
writs  of  habeas  corpus,  returnable  before  himself  or  the  Circuit 
Judge.  Their  orders  in  such  matters  may  be  reviewed  by  the 
Circuit  Judge,  and  confirmed,  qualified  or  vacated.  They  may 
be  removed  by  the  Circuit  Judge.  The  Legislature  may  confer 
upon  them  further  powers,  not  judicial,  and  shall  fix  their  com- 
pensation. 

Sec.  13.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  a  State  Attorney  in  each  Judicial 
Circuit,  whose  duties  shall  be  prescribed  by  law.  He  shall  hold 
office  for  four  3^ears.  There  shall  be  elected  in  each  county  a 
Sheriff,  and  a  Clerk  of  the  Circuit  Court,  who  shall  also  be 
Clerk  of  the  County  Court  and  of  the  Board  of  County  Com- 
missioners, Recorder  and  ex-officio  Auditor  of  the  County, 
each  of  whom  shall  hold  his  office  for  four  years.  Their  duties 
shall  be  prescribed  by  law. 

Sec.  14.  There  shall  be  organized  in  each  county  a  County 
Court,  which  shall  be  a  Court  of  Record,  and  shall  hold  at 
least  four  terms  each  year.  There  shall  be  appointed  by  the 
Governor,  and  confirmed  by  the  Senate,  a  Judge  and  Prose- 
cuting Attorney  for  each  of  said  Courts,  except  in  cases  where 
the  Legislature  may  deem  it  expedient  to  provide  for  one 
Judge  and  one  Prosecuting  Attorney  for  two  or  more  coun- 
ties. Their  compensation  and  duties  not  herein  provided,  shall 
be  fixed  by  law.    They  shall  hold  office  for  four  j^ears. 


249 


Sec.  15.  The  County  Courts  shall  have  original  jurisdiction 
in  all  cases  at  law  in  which  the  demand  or  value  of  property 
involved  shall  not  exceed  two  hundred  dollars,  of  proceed- 
ings relating  to  the  forcible  entry  or  unlawful  detention  of 
lands  and  tenements,  and  of  misdemeanors,  and  final  appellate 
jurisdiction  in  civil  cases  arising  in  the  Courts  of  Justices  of 
the  Peace.  The  trial  of  such  appeal  may  be  de  novo  at  the 
option  of  the  appellant. 

Sec.  16.  The  Judges  of  the  County  Courts  shall  have  juris- 
diction of  the  settlement  of  the  estates  of  decedents  and 
minors,  to  order  the  sale  of  real  estate  of  minors,  to  take  pro- 
bate of  wills,  to  grant  letters  testamentary  and  of  administra- 
tion and  guardianship,  and  to  discharge  the  duties  usually  per- 
taining to  courts  of  probata.  He  shall  have  the  power  of  a 
committing  magistrate,  and  shall  issue  all  licenses  required  by 
law  to  be  issued  in  the  county. 

Sec.  it.  When  any  civil  case  at  law  in  which  the  Judge  is 
disqualified  shall  be  called  for  trial  in  a  Circuit  or  County 
Court  the  parties  may  agree  upon  or,  in  case  they  do  not  agree, 
the  Clerk  of  the  Court  shall  designate  an  attorney  at  law  who 
shall  be  Judge  ad  litem  and  shall  preside  over  the  trial  of  and 
make  orders  in  said  cause  as  if  he  was  Judge  of  the  Court.  The 
parties  may,  however,  transfer  the  cause  to  another  Circuit 
Court  or  County  Court,  as  the  case  may  be,  or  may  have  the 
case  referred  to  a  referee. 

Sec.  18.  The  County  Commissioners  of  each  county  shall 
divide  it  into  as  many  Justice  Districts,  not  less  than  two, 
as  they  may  deem  necessary.  The  Grovernor  shall  commission, 
upon  the  recommendation  of  the  Grand  Jury  of  the  county,  one 
Justice  of  the  Peace  for  each  of  said  districts.  He  shall  hold 
his  office  for  four  years. 

Sec.  19.  Every  Justice  of  the  Peace  shall  have  jurisdiction  in 
cases  at  law  in  which  the  demand  or  value  of  the  property  in- 
volved does  not  exceed  fifty  dollars  and  in  which  the  cause  of 
action  accrued,  or  the  defendant  resides,  in  his  district.  He 
shall  have  power  to  issue  process  for  the  arrest  of  persons 
charged  with  crime,  and  to  make  the  same  returnable  bet'oje 
himself  or  the  County  Judge  for  examination  and  discharge, 
commitment  or  bail  of  the  accused.  He  shall  have  power  to 
hold  inquests  of  the  dead. 

Sec.  20.  There  shall  be  established  in  each  of  the  counties 
of  Duval  and  Escambia,  and  in  such  other  counties  as  the  Leg- 
islature may  deem  expedient,  a  Criminal  Court  of  Record,  and 
there  shall  be  one  Judge  for  each  of  said  courts,  who  shall  hold 
his  office  for  four  years  and  whose  salary  shall  be  one  thousand 
dollars  per  year. 


250 


Sec.  21.  The  said  courts  shall  have  jurisdiction  of  all  crimi- 
nal cases  not  capital  which  shall  arise  in  said  counties  respect  - 
ively. 

Sec.  22.  There  shall  be  six  terms  of  said  courts  in  each 
year. 

Sec.  28.  There  shall  be  for  each  of  said  courts  a  prosecuting 
attorney,  who  shall  he  appointed  by  the  Governor  and  con- 
firmed by  the  Senate,  and  who  shall  hold  his  office  for  four 
years.    His  compensation  shall  be  fixed  by  law. 

Sec.  24.  All  offences  triable  in  said  court  shall  be  prosecuted 
upon  information  under  oath  to  be  filed  by  the  prosecuting  at- 
torney, but  the  grand  jury  of  the  Circuit  Court  for  the  county 
in  which  said  Criminal  Court  is  held  may  indict  for  offences 
triable  in  the  Criminal  Court.  Upon  the  finding  of  such  in- 
dictment the  Circuit  Judge  shall  commit  or  bail  the  accused 
for  trial  in  the  Criminal  Court,  which  trial  shall  be  upon  intor- 
mation. 

Sec  25.  The  County  Courts  in  said  counties  shall  have  no 
criminal  jurisdiction  and  no  prosecuting  Attorney. 

Sec-  26.  The  Clerk  of  said  Court  shall  be  elected  by  the 
electors  of  the  county  in  which  the  court  is  held  and  shall  hold 
his  office  for  four  years  and  his  compensation  shall  be  fixed  by 
law.  He  shall  also  be  Clerk  of  the  County  Court.  The  Sher- 
iff of  the  county  shall  be  the  executive  officer  of  said  court 
and  his  duties  and  fees  shall  be  fixed  by  law. 

Sec  27.  The  State  Attorney  residing  in  the  county  where 
such  court  is  held  shall  be  eligible  for  appointment  as  County 
Solicitor  for  said  county. 

Sec  28.  The  Legislature  may  establish  in  incorporated 
towns  and  cities  courts  for  the  punishment  of  offences  against 
municipal  ordinances. 

Sec  29.  No  courts  other  than  those  herein  specified  shall 
be  organized  in  this  State. 

Sec  30.  Any  civil  cause  may  be  tried  before  a  practicing  at- 
torney as  referee  upon  the  application  of  the  parties  and  an 
order  from  the  court  in  whose  jurisdiction  the  case  may  be 
authorizing  such  trial  and  appointing  such  referee.  Such 
referee  shall  keep  a  complete  record  of  the  case,  including  the 
evidence  taken,  and  such  record  shall  be  filed  with  the  papers 
in  the  case  in  the  office  of  the  clerk,  and  such  cause  shall  bv- 
subject  to  an  appeal  in  the  manner  prescribed  by  law. 

Sec  31.  a  Constable  shall  be  elected  by  the  registered 
voters  in  each  county  for  every  two  hundred  registered  voters, 
but  each  county  shall  be  entitled  to  at  least  two  Constables, 
and  no  county  shall  have  more  than  twelve  Constables.  They 
shall  perform  such  duties  as  shall  be  prescribed  by  law. 


251 


Sec.  32.  Attorneys  at  law  who  have  been  admitted  to  prac- 
tice in  any  court  of  record  in  any  State  of  the  Union,  or  to 
any  United  States  Court,  shall  be  admitted  to  practice  in  an}' 
court  of  this  State  on  producing  evidence  Of  having  been  so 
admitted. 

Sec.  33.  All  judicial  officers  in  this  State  shall  be  conserva- 
tors of  the  peace. 

The  President  gave  notice  that  the  articles  contained  in  the 
Majority  and  Minority  reports  of  the  Committee  on  Judiciary 
Department  were  printed,  and  would  be  spread  upon  the 
desks  of  the  delegates  to-day,  and  would  come  up  for  a  first 
reading  on  to-morrow. 

Mr.  Duncan,  Chairman  of  the  Committee  on  Engrossment 
and  Enrollment,  offered  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July   7,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Engrossment  and  Enrollment  to 
whom  was  referred  — 

Article  No.  lY,  have  examined  the  same  and  compared  it 
with  amendments  offered,  and  find  it  correctly  engrossed. 

Yery  respectfully, 

U.  H.  Duncan, 
Theodore  Randell, 
W.  F.  Thompson, 

Committee. 

Which  was  received. 

Mr.  TurnbuU,  Chairman  of  the  Committee  on  Printing, 
offered  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  7,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Printing  beg  leave  to  report  as 
follows : 

The  cost  of  Journals  to  July  .Sd  $2,267.55 

Bills,  &c.,  July  6th,  inclusive   464.16 

224  Pages  in  Journal  form   180.32 


Total  amount   $2,912.03 

Your  committee  would  respectfully  recommend  that  the 
printing  of  the  Journals  be  reduced  to  1,000  per  day,  and  also 


252 


recommend  that  200  copies  of  the  Constitution  be  printed  for 
the  use  of  members  before  its  final  adoption. 

Yery  respectfully, 

S.  J.  TuRNBULL.  Chairman. 

Which  was  received  and  read. 

Mr.  TurnbuU  moved  that  the  rules  be  waived,  and  that  the 
report  be  acted  on  immediately,  and  the  suggestion  adopted  ; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  report ; 
Which  was  agreed  to. 

Mr.  Bethel  moved  to  take  up  Article  lY,  on  Legislative  De- 
partment, and  that  it  be  put  upon  its  final  passage  ; 
Which  was  agreed  to. 

Article  lY,  on  Legislative  Department,  was  again  read  for 
information. 

The  question  was  upon  the  final  passage  of  the  Article. 
The  roll  was  called,  and  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and 
Dade,  Bennett,  Bethel,  Blackburn,  Broome,  Bush,  Camp- 
bell, Davidson,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goss,  Hatch,  Hendley,  Hen- 
derson, Herndon,  Hicks,  Hocker,  Landrum,  Marshall, 
Maxwell,  Morgan,  McKinnon,  Neel,  Odom,  Orman,  Par- 
ker, Paterson,  Pelot,  Randall  of  Duval,  Randolph,  Rowe, 
Speer,  Stone,  Swearingen,  Tompkins,  Walker,  Jr.,  Wall,  Well- 
man,  Westcott,  Wylly  and  Yonge — 48. 

Nays — Messrs.  Baker,  Chandler,  Clarke  of  Jefferson,  Cono- 
ver,  Cook,  Davis,  Johnston,  Jones,  Lesle}^,  Lewis,  Love,  Ma- 
lone,  Milton,  Mitchell,  McCaskill,  McClellan,  Parkhill,  Petty, 
Randell  of  Madison,  Richard,  Sanchez,  Scott,  Sheats,  Taylor, 
Tedder,  Thompson,  Turnbull  and  Weeks — 28. 

So  Article  lY  was  not  passed. 

Mr.  Baker  gave  notice  that  he  would,  on  to-morrow,  move 
to  reconsider  the  vote  by  which  Article  lY  was  just  lost. 

Article  X,  on  Public  Institutions,  was  read  the  third  time. 

Mr.  Hocker  moved  the  final  passage  of  Article  X,  as  read. 

Mr.  Campbell  offered  to  amend  Section  3  as  follows  : 

The  Legislature  shall  provide  the  manner  by  which  said 
counties  shall  proceed  to  provide  for  such  destitute  persons. 

Mr.  Walker,  Jr.,  offered  the  following  amendment  to  the 
amendment : 

And  a  method  shall  be  provided  by  law  by  which  any  per- 
son having  such  claims  may  enforce  them  by  suit  or  other- 
wise. 

Mr.  Malone  moved  to  lay  the  amendment,  and  the  amend- 
ment to  the  amendments  on  the  table  ; 


253 


Which  was  agreed  to. 

Mr.  G-oss  offered  the  following  amendment  to  Section  2  : 
That  the  Legislature  may  provide  by  law  for  each  county 
to  takt-  charge  of  and  work  its  own  convicts,  and  provide  a 
house  of  refuge  for  juvenile  offenders. 

Mr.  Blackburn  offered  the  following  substitute  for  the  sec- 
tion : 

Section  2.  A  State  Prison  shall  be  established  and  main- 
tained in  such  manner  as  may  be  fixed  by  law.  Provision  ma.y 
be  made  by  law  for  the  establishment  and  maintenance  of 
houses  of  refuge  for  juvenile  offenders,  and  the  Legislature 
shall  have  power  to  establish  homes  and  work  houses  for  com- 
mon vagrants. 

On  motion  of  Mr.  Parkhill  the  amendment  was  laid  on  the 
table. 

On  motion  of  Mr.  Parkhill  the  substitute  was  laid  upon  the 
table. 

Mr.  Bakei^  offered  the  following  amendment : 
Insert  in  line  2,  after  word  "  law/'  "  but  no  convict  shall  be 
held  to  labor  elsewhere  than  within  the  walls  of  the  State  Prison 
or  upon  the  grounds  immediateh^  appertaining  to  the  State 
Prison."' 

Mr.  Walker,  Jr.,  offered  to  amend  the  amendment  as  follows  : 
Unless  while  employed  otherwise  the}'  shall  be  in  the  ex- 
clusive charge  of  officers  and  persons  employed  by  authority' 
of  the  State. 

Mr.  Yonge  moved  that  the  amendment  and  the  amendment 
to  the  amendment  be  laid  upon  the  table  ; 
Which  was  agreed  to. 

Mr.  Chandler  moved  to  amend  as  follows  : 

In  line  1,  section  1,  after  the  word  "  deaf,"  insert  the  words 
"and  convicts  f  and  before  the  word  '"fostered,""  in  line  2.  same 
section,  insert  the  word  "  established 

Which  was  withdrawn. 

Mr.  Walker,  Jr.,  moved  the  following  as  a  substitute  for  the 
whole  Article  : 

A  Penitentiar}'  and  Insane  Asylum  shall  be  established  by 
law. 

Mr.  Hocker  moved  that  the  further  consideration  of  Article 
X  be  deferred  until  day  after  to-morrow  ; 
Which  was  not  agreed  to. 

Mr.  Walker,  Jr.,  moved  that  Article  X,  with  the  proposed 
substitute,  be  referred  back  to  the  Committee  ; 

Which  was  agreed  to,  and  the  Article  and  proposed  substi- 
tute was  so  referred. 


254 


Article  YI,  on  Homestead  Exemptions,  came  up  for  consid- 
eration on  its  third  reading. 

Mr.  Orman  moved  that  consideration  of  Article  YI  be  de- 
ferred until  5  o'clock  P.  M.,  to-day  ; 

Which  was  agreed  to 

Mr.  Fowler  moved  that  the  Convention  take  a  recess  until  5 
o'clock  P.  M.,  to-da;y  ; 
Which  was  agreed  to. 


FIYE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green, 
Hargret,  Hatch,  Hausman,  Hendley,  Henderson,  Herndon, 
Hicks,  Hocker,  Humphries,  Hunter,  Ives,  Johnston, 
Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 
Mann,  Marshall,  Miller,  Milton,  Mitchell,  Morgan,  Mc- 
Caskill,  McClellan,  McKinnon,  Neel,  Odom,  Orman,  Par- 
ker, Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval, 
Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe, 
Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor, 
Tedder,  Thompson,  Tolbert,  Turnbull,  Wads  worth.  Walker, 
Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott,  Whitmire, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 
100. 

A  quorum  present. 

Article  YI,  on  Homestead  Exemptions,  came  up  for  consider- 
ation. 

Yice-President  Yonge  was  called  to  the  chair. 
The  question  was.  Shall  there  be  a  limitation  as  to  per- 
sonal property  ? 

Which  was  agreed  to. 

Mr.  Clarke,  of  Jefferson,  moved  that  the  limitation  of  per- 
sonal property  exempt  shall  be  one  thousand  dollars  in  value  ; 
Which  was  agreed  to. 


255 


Mr.  Randall  moved  that  there  be  a  limited  value  as  to  im- 
provements on  lands  exempted. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Campbell,  Carson,  Challen.  Coker,  Cook,  Fogarty,  Genovar, 
Gillis,  Henderson,  Humphries,  Lesley,  Marshall,  Maxwell, 
Mitchell,  Morgan,  McCaskill,  McClellan.  McKinnon,  Sheats, 
Taylor,  Thompson,  Tompkins,  Walter,  Wellman,  Whitmire 
and  vV'ilson  of  Polk  and  Manatee — 32. 

Xays — Mr.  President,  Messrs.  Baker.  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bush,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Conover,  Davidson,  Davis,  Duncan,  Earle, 
Edge,  Fowler,  Gibbs,  Goodbread,  Goss.  Green,  Hargret,  Hatch, 
Hausman,  Hendley,  Herndon,  Hicks,  Hocker,  Ives,  Johnston, 
Landrum,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Miller,  Mil- 
ton, Xeel,  Odom,  Orman,  Parker,  Parkhill.  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott.  Speer,  Stone,  Tedder, 
Tolbert,  Turnbull,  Wadsworth,  Walker,  Jr.,  Wall,  Weeks, 
Westcott,  Wylly  and  Zipperer — 64. 

So  the  motion  was  not  agreed  to. 

The  question  was,  What  shall  be  the  number  of  acres  ex- 
empted ? 

Mr.  Clarke,  of  Jefferson,  moved  that  160  acres  outside  of 
city  limits,  be  the  limit. 

Mr.  Humphries  moved  to  amend  the  motion  by  striking  out 
160  "  acres  and  inserting  •*  40  "  acres. 
The  question  was  on  the  adoption  of  the  amendment ; 
Which  was  not  agreed  to. 

Mr.  McCaskill  moved  to  amend   by   striking   out  160 
acres  and  inserting     80  acres. 

The  question  was  upon  the  adoption  of  the  amendment. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bethel,  Blount,  Broome,  Challen,  Duncan, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Humphries,  Maxwell,  Mil- 
ler, Morgan,  McCaskill,  McClellan,  McKinnon,  Randall  of 
Duval.  Randell  of  Madison,  Tavlor,  Walter,  Wellman  and 
Whitmire— 22. 

Nays — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett,  Blackburn,  Bush,  Campbell, 
Carter,  Carson,  Chandler.  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Conover.  Cook.  Davidson,  Davis,  Earle.  Edge,  Gillis, 
Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,    Henderson,     Herndon,    Hicks,     Hocker,  Ives, 


256 


Johnston, Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Ma- 
lone,  Mann,  Marshall,  Milton,  Mitchell,  Neel,  Odom,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randolph,  Richard, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swear- 
ingen.  Tedder,  Thompson,  Tolbert,  Tompkins,  Turnbull,  Wads- 
worth,  Walker,  Jr.,  Wall,  Weeks,  WestcoLt,  Wilson  of  Polk 
and  Manatee,  Wylly,  Yonge  and  Zipperer — 77. 
So  the  amendment  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  motion  of  Mr. 
Clarke,  of  Jefferson,  that  the  limit  be  160  acres  outside  of 
towns  and  cities  ; 

Which  was  agreed  to. 

The  question  was  then  on  the  limit  within  cities  and 
towns. 

Mr.  Parkhill  moved  that  the  limit  be  one-half  an  acre. 
Mr.  W;ilter  moved  to  amend  by  making  the  limit  one-fourth 
of  an  acre. 

Mr.  Mann  moved  as  a  substitute  to  both  the  first  proposition 
and  the  amendment  that,  the  limit  be  one  acre. 

The  question  was  upon  the  adoption  of  the  substitute  ; 
Which  was  not  agreed  to 

The  question  was  then  on  the  adoption  of  the  amendment ; 
Which  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  motion  of  Mr. 
Parkhill  to  make  the  limit  one-half  an  acre  ; 
VV^hich  was  agreed  to. 

The  question  then  was,  Shall  the  exemption  be  in  favor  of 
the  head  of  a  family  ?  or  in  favor  of  any  unmarried  male  or  fe- 
male ?" 

Mr.  Orman  moved  that  the  exemption  be  in  favor  of  the  head 
of  a  family. 

Mr.  Bush  offered  the  following  amendment : 

Any  person  21  years  old  or  the  head  of  a  family. 

Mr.  McKinnon  moved  to  strike  out  "  twenty-one." 

Mr.  McClellan  moved  to  lay  the  amendment  and  the  amend- 
ment to  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  motion  of  Mr.  Orman,  "That 
the  exemption  shall  be  in  favor  of  the  head  of  a  family 
Whieh  was  agreed  to. 

The  question  was  then  on  proposition  7,  Shall  the  exempted 
homestead  be  subject  to  sale  by  the  owner  and  wife  ? 
Mr.  Love  moved  that  the  proposition  be  adopted  ; 
Which  was  agreed  to. 

The  question  then  was,  "Shall  the  exempted  homestead  be 
subject  to  lein  by  the  mortgage  of  owner  and  wife  ?" 


{ 


257 


Mr.  Ives  moved  its  adoption. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar.  Gribbs,  Gillis,  Good- 
bread,  Goss,  Greele}^,  Green,  Hargret,  Hatch,  Hendley  Hen- 
derson, Herndon,  Hicks,  Humphries,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Mar- 
shall, Maxwell,  Milton,  Morgan,  McCaskill,  Neel,  Odom,  Or. 
man,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Rogers,  San- 
chez, Sheats,  Speer,  Stone,  Taylor,  Tedder,  Thompson,  Tol- 
bert,  Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall, 
Walter,  Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of 
Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 87. 

Na^^s — Messrs.  Bell  of  Hamilton,  Carter,  Carson,  Hausman, 
Miller,  McClellan,  McKinnon,  Rowe  and  Swearingen— 9. 

So  the  proposition  was  adopted. 

Mr.  Chindler  moved  to  adjourn  until  9  o'clock  A.  M.  to- 
morrow ; 

Which  was  agreed  to,  and  the  Convention  was  so  adjourned. 


TWENTY-FOURTH  DAY. 


WEDNESDAY,  July  8,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
,   their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cock, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Har- 

11 


258 


gret,  Hatch,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Humphries,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis, 
Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Milton, 
Mitchell,  Morgan,  McCaskill,  Mc(  lellan,  McKinnon,  Xeel, 
Odom,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Ran- 
dall of  Duval,  Randell  of  Madison,  Randolph,  Richard,  Rog- 
ers, Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen, 
Taylor,  Tedder,  Thompson,  Tolbert,  Tom}' kins,  Turnbull. 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman^ 
Westcott,  Whitmire,  Wilson  of  P(»lk  and  Manatee,  Wylly, 
Yonge  and  Zipperer — 102. 

A  quorum  present. 

P^-ayer  by  the  Chaplain. 

Mr.  Scott  moved  that  the  reading  and  correction  of  the 
Journal  be  dispensed  with  for  the  present,  as  the  Journal  was 
not  ready  for  distribution  ; 

Which  was  agreed  to. 

Mr.  Turnbull  offered  the  following  resolution : 

Resolved^  That  this  Convention  authorize  the  State  Treas- 
urer to  pay  Messrs.  Dorr  &  Bowen  the  sum  of  $2,000,  on  ac- 
count of  printing. 

Mr.  Walker,  Jr.,  moved  to  amend  the  resolution  by  inserting 
the  words,  "from  the  appropriation  for  the  expenses  of  this 
convention 

Which  was  accepted. 

Upon  motion  the  rules  were  waived  and  the  resolution  as 
amended  was  passed. 

The  following  resolution,  introduced  yesterday-,  and  laid 
over  under  the  rules,  came  up  for  consideration  : 

Resolved^  That  the  services  of  Clerks  of  Committees  em- 
ployed b}'  authority  of  this  Convention  be  dispensed  with 
after  July  10th. 

Mr.  Carter  moved  the  adoption  of  the  resolution  ; 

Which  was  agreed  to,  and  the  resolution  was  declared 
adopted. 

The  following  resolution,  offered  on  yesterday  by  Mr.  Ben- 
nett, and  laid  over  under  the  rules,  came  up  for  considera- 
tion : 

Whereas,  It  is  probable  that  the  appropriation  for  the  ex-  , 
penses  of  this  Convention  will  prove  inadequate  to  cover  the 
disbursements  for  election  expenses,  the  printing  bills  of  this 
Convention,  the  salaries  of  its  attaches,  the  mileage  and  per 
diem  of  its  members  ;  therefore,  be  it 

Resolved^  That  the  per  diem  shall  not  be  settled  until  all 
other  claims  against  the  said  appropriation  shall  have  been 


! 


259 


provided  for.  The  balance  of  the  appropriation  shall  then  be 
equally  divided  among  the  members  ;  Prodded^  That  each 
member's  proportion  shall  not  exceed  the  pay  of  a  member  of 
the  Legislature. 

Resolved^  That  a  committee  of  five  be  appointed  to  consider 
and  report  upon  what  salaries  may  appropriately  be  paid  to 
the  attaches  of  this  Convention. 

The  question  was  on  its  adoption. 

Mr.  Johnson  moved  to  lay  the  resolution  on  the  table; 
Which  was  agreed  to. 

Mr.  Grreel}^  offered  the  following  Petition  : 

Lawtey,  Fla.,  Juh"  4,  1885. 

To  the  Honorable  Members  of  the  Constitutional  Convention  : 
Because  of  the  unmeasured  and  terrible  evils  resulting  from 
the  public  sale  of  intoxicating  liquors  without  anv  mitigating 
features,  the  business  has  no  right  to  exist  and  should  be  pro- 
hibited ; 

Therefore,  your  petitioners  respectfull\'  pray  that  3^ou  sub- 
mit a  separate  clause  with  the  Constitution  forever  prohibit- 
ing in  this  State  the  manufacture  and  sale  of  all  intoxicating 
liquors  for  beverage  purposes;  and  if  ratified  b}^  a  majoritv  of 
voters  to  be  apart  of  the  Constitution. 

J.  W.  BUSHNELL, 

Mrs.  J.  W.  BusHNELL. 

The  following  Articles  and  Ordinances  were  offered  : 

Mr.  Taylor  offered  an  additional  Section  to  Article  XI,  on 

Judicial  Department,  providing  for  the  retirement  of  disabled 

J udges ; 

Which  was  l  eferred  to  the  Committee  on  Judiciary  Depart- 
ment. 

Under  the  call  of  Committees,  the  following  reports  were 
offered  : 

Mr.  Milton,  Chairman  of  Committee  on  Preamble  and  Dec- 
laration of  Rights,  offered  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  8,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Preamble  and  Bill  of  Rights,  to 
whom  was  referred — 

Ordinance  No.  66,  in  relation  to  juries,  introduced  by  Mr. 
Mitchell,  have  considered  the  same,  and  herewith  return  it  and 
recommend  that  it  be  laid  upon  the  table. 

The  following,  introduced  by  Mr.  Paterson,  to  wit :  "  No 


260 


statute  shall  be  passed  lessening  the  time  within  which  a  civil 
action  may  be  commenced  on  any  cause  of  action  existing  at 
the  time  of  its  passage,"  has  been  duly  considered  by  this  com- 
mittee, and  we  recommend  the  same  as  an  additional  section 
to  the  Bill  of  Rights. 

Respectfully  submitted, 

W.  H.  Milton, 
Chairman  of  Committee. 

Which  was  received. 

Mr.  Duncan,  of  the  Committee  on  Engrossment  and  En- 
rollment, offered  the  following  report : 

Convention  Hall,  } 
Tallahassee,  Fla.,  July  8,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention: 

Sir:  Your  Committee  on  Engrossment  and  Enrollment,  to 
whom  was  referred — 

The  Preamble  and  Bill  of  Rights,  have  examined  the  same 
and  find  it  correctly  engrossed  as  amended. 

They  also  report  Article— ,  on  Public  Health,  to  be  cor- 
rectly engrossed. 

Very  respectfully, 

H.  H.  Duncan, 
Theodore  Randell, 
W.  F.  Thompson, 

Committee. 

Which  was  received. 

Mr.  Baker  moved  to  reconsider  the  vote  by  which  Article 
IV  was  lost  yesterday  ; 

Which  was  agreed  to  and  the  vote  was  reconsidered. 

Upon  motion  further  action  upon  Article  lY  was  deferred 
at  present. 

Mr.  Bethel,  Chairman  of  the  Committee  on  the  Legislative 
Department,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  8,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention : 

Sir  :  Your  Committee  on  Legislative  Department,  to  whom 
was  referred — 

Article  No.  69,  by  Mr.  Paterson,  of  Madison  count}',  relat- 
ing to  the  repeal  of  laws,  have  had  the  same  under  considera- 
tion, and  would  recommend  in  lieu  thereof,  as  an  additional 
Section  to  Article  4,  the  following: 


261 


The  Legislature  shall  not  pass  any  laws  repealing  or  amend- 
ing any  criminal  statute  or  law  so  as  to  affect  the  trial  or  pun- 
ishment of  any  crime  already  committed  at  the  time  of  such 
repeal  or  amendment,  but  the  existing  law  as  repealed  or 
amended  shall  continue  in  full  force  and  effect  as  to  all  crimes 
committed  in  violation  of  such  repealed  or  amended  law  prior 
to  such  repeal  or  amendment. 

Very  respectfully, 

L.  W.  Bethel,  Chairman  Committee. 

Which  was  received,  and  the  new  section  placed  among  the 
orders  of  the  day. 

Article  XI,  on  the  Judicial  Department,  also  the  article  re- 
ported by  the  minority  of  the  cooimittee,  were  read  the  first 
time  and  placed  among  the  orders  of  the  day. 

Ordinance  — ,  on  Temperance,  came  up  for  its  second  read- 
ing. 

Mr.  Speer  offered  the  following  substitute  for  the  original 
article : 

The  Constitutional  Convention  hereby  submit  to  the  voters 
of  the  State  of  Florida  for  their  adoption  or  rejection,  as  a 
part  of  the  Constitution,  at  the  same  time  with  the  Constitution, 
but  to  be  voted  upon  separately  therefrom,  the  following  as 
Article  XYIII,  the  vote  to  be  for  or  against  Article  XVIII : 

ARTICLE  XVIIL 

Section  1.  The  Board  of  County  Commissioners  of  each 
county  in  the  State,  not  oftener  than  once  in  every  tv7o  years, 
upon  the  application  of  two  hundred  of  the  registered  voters  of 
any  county,  shall  call  and  provide  for  an  election  in  the  county 
in  which  application  is  made,  to  decide  whether  intoxicating 
liquors,  wines  or  beer  shall  be  sold  therein,  within  the  period 
of  two  years  from  the  time  of  holding  each  and  every  one  of 
said  elections,  the  question  to  be  determined  by  a  majority  vote 
of  those  voting  at  the  election  called  under  this  section,  which 
election  shall  be  conducted  in  the  manner  provided  by  law  for 
holding  general  elections.  Elections  under  this  section  shall 
be  called  within  sixty  days  from  the  time  of  presenting  sai<l  ap- 
plication, but  if  any  such  election  will  thereby  take  place  within 
sixty  days  of  any  State  or  National  election  it  shall  be  called 
sixty  days  after  any  such  State  or  National  election. 

Sec.  2.  The  Legislature  shall  provide  necessar}^  laws  to  carry 
out  and  enforce  the  provisions  of  section  1  of  this  Article. 

Which  was  read. 

Mr.  Speer  moved  that  the  substitute  be  adopted  in  lieu  of 
the  original  article  ; 


262 


Which  was  agreed  to,  and  the  substitute  ordered  spread  upon 
the  Journal  and  placed  among  the  orders  of  the  day  for  to- 
morrow. 

Vice  President  Yonge  was  called  to  the  chair. 
The  consideration  of  Article  VI,  on  Homestead  Exemption, 
was  resumed. 

The  question  was  upon  the  adoption  of  proposition  8 : 

"  Shall  an}^  general  judgment  or  money  decree  be  a  lien  on 
the  homestead,  so  that  at  the  alienation  by  the  owner,  or  at 
his  death,  or  the  death  of  his  wife  and  children,  the  property 
may  be  liable  to  be  sold  for  debts  ?" 

Upon  motion  of  Mr.  Blount  the  proposition  was  divided. 

The  question  was.  Shall  any  general  judgment  or  mone3^  de- 
cree be  a  lien  on  the  homestead  at  the  death  of  the  owner  ? 

Mr.  Orman  moved  that  it  should  not  be  ; 

Which  was  agreed  to. 

Mr.  Walker,  Jr.,  moved  to  reconsider  the  vote  just  taken  ; 
Which  was  not  agreed  to. 

The  question  was,  Shall  any  general  judgment  or  money  de- 
cree be  a  lien  on  the  homestead  at  the  death  of  the  wife  and 
children  ? 

Mr.  McCaskill  moved  that  the  proposition  be  adopted. 

Mr.  Greelej^  moved  to  amend  as  follows  : 

That  no  execution  shall  lie  against  a  homestead  so  long  as 
any  person  is  alive  in  direct  descent  from  the  original  owner 
of  the  homestead. 

Mr.  Sanchez  moved  to  lay  the  substitute  and  amendments 
on  the  table  ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  motion  of  Mr.  Orman,  that 
no  general  judgment  or  money  decree  be  a  lien  on  the  home- 
stead at  the  death  of  the  wife  or  children  ; 

Which  was  agreed  to. 

Mr.  Maxwell  moved  that  Article  VI  be  referred  back  to  the 
committee  so  that  they  can  prepare  an  Article  in  accordance 
with  the  views  of  this  Convention  as  expressed  on  the  propo- 
sitions offered  by  Mr.  Randall,  of  Duval ; 

Which  was  agreed  to. 

Mr.  McClellan  offered  the  following  proposition  : 
But  no  property  shall  be  exempt  for  taxes,  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of  said  home- 
stead premises,  or  of  personal  property  so  exempt,  or  for  the 
erection  of  improvements  thereon,  or  for  house,  field  or  other 
labor  performed  on  the  same,  or  for  burial  expenses  and  physi- 
cians' bills  in  the  last  sickness,the  exemption  herein  provided  for 
in  a  city  or  town  shall  not  extend  to  more  improvements  or 


263 


buildings  than  ihe  residence  and  business  house  of  the  owner  ; 
Provided^  The  person  or  persons  entitled  to  this  exemption 
shall  reside  and  live  upon  the  same  or  cultivate  the  same  for 
the  benefit  of  himself  or  herself  and  famil}^ ; 

Which  was  referred  to  Committee  on  Homestead  Exemp- 
tions. 

Mr.  Walker,  Jr.,  offered  the  following  proposition  : 

But  the  real  estate  exempt  ma}'  be  disposed  of  b}^  will,  by 

persons  dying  without  minor  children  ; 

Which  was  referred  to  the  Committee  on  Homestead  Ex- 

emptions. 

Article  XII,  on  Taxation  and  Finance,  came  up  for  consid- 
eration on  its  second  reading. 
Section  1  was  read. 

Mr.  Clarke,  of  Jefferson,  moved  to  amend  as  follows  : 
Strika  out  all  after    purposes,"  in  the  4th  line.  : 
Mr.  Lesley  offered  the  f  >llowing  amendment : 
Strike  out  all  after  the  word  "  oil,"  in  8th  line,  to  and  in- 
cluding  the  word  "  exempt,"  in  9th  line  of  Section  1,  Ar- 
ticle XII. 

Mr.  Challer.  offered  the  following  substitute: 

Strike  out  all  after  the  word  "  purposes  "  and  insert  there- 
for :  There  shall  also  be  exempt  from  taxation  for  a  period 
of  ten  years  from  the  adoption  of  this  Constitution  manufac- 
tured articles  in  the  hands  of  the  manufacturers  of  all  fac- 
tories in  this  State." 

Mr.  McKinnon  moved  to  lay  the  substitute  offered  by  Mr. 
Challen  on  the  table  ; 

Which  was  agreed  to. 

The  question  was  upon  the  amendment  offered  by  Mr.  Les- 
ley. 

Mr.  McKinnon  moved  to  la}^  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment  of- 
fered by  Mr.  Clarke,  of  Jefferson. 

Mr.  Hicks  offered  to  amend  the  amendment  as  follows  : 

Strike  out  ever^^thingj  in  Section  1,  after  the  word  "  personal 
in  the  3d  line  ; 

•\  hich,upon  motion,  was  laid  upon  the  table. 

Mr.  Rogers  offered  to  amend  the  amendment  as  follows : 

Add  after  the  word  ''purposes,"  in  4th  line  of  Section  1, 
Article  XII,  the  following  :  "  All  laws  exempting  property 
from  taxation,  other  than  the  property  enumerated  in  this  Sec- 
tion shall  be  void  ; 

Which,  upon  motion,  was  laid  upon  the  table. 


264 


Mr.  McCaskill  moved  to  adopt  the  amendment  offered  by 
Mr.  Clarke,  of  Jefferson,  and  called  the  previous  question. 
The  previous  question  was  ordered. 
The  question  was  upon  the  adoption  of  the  amendment. 
Tha  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Blackburn,  Bush,  Campbell,  Carter,  Car- 
son, Challen,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Gibbs,  Grillis,  Goodbread,  Greeley,  Green,  Hargret, 
Hatch,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Ives, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Mar- 
shall, Milton,  Morgan,  McCaskill,  McKinnon,  Neel,  Odom,  Or- 
man,  Parker,  Parsons,  Paterson,  Pelot,  Pett}^,  Bandall  of  Duval, 
Kandell  of  Madison,  Richard,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Tedder,  Thompson,  Wads- 
worth,  Wall,  Walter,  Wellman,  Westcott,  Whitmire,  Wilson  of 
Polk  and  Manatee,  Wylly  and  Zipperer — 16. 

Nays — Messrs.  Bethel,  Blount,  Broome,  Conover,  Genovar, 
Goss,  Hausman,  Humphries,  Jones,  Miller,  McClellan,  Park- 
hill,  Randolph,  Taylor,  Turnbull,  Walker,  Jr.,  Weeks  and 
Yonge— 18. 

So  the  amendment  was  adopted. 

Mr.  Fowler  moved  that  Section  I  as  amended  be  adopted  ; 
Which  was  agreed  to,  and  the  Section  as  amended  was  de- 
clared adopted. 

Section  2  was  read. 

The  Committee  on  Taxation  and  Finance  offered  the  follow- 
ing amendment,  through  its  Chairman,  Mr.  McCaskill  : 

Section  2.  And  the  Legislature  may  impose  such  condi- 
tions and  penalties  for  non-payment  of  taxes  as  it  shall  deem 
proper. 

The  question  was  upon  the  adoption  of  the  amendment 
offered  by  the  committee. 

Pending  discussion,  Mr.  Malone  moved  that  500  additional 
copies  of  yesterday's  Journal  be  printed,  and  that  hereafter 
1,500  copies  of  the  Journal  be  printed  each  day  ; 

Which  was  agreed  to  and  it  was  so  ordered. 

Mr.  Bush  asked  that  Mr.  Tolbert  be  indefinitely  excused  on 
account  of  sickness  ; 

Which  was  granted. 

On  motion  of  Mr.  Chandler,  the  Convention  took  a  recess 
until  5  o'clock  P.  M.  to-day. 


FIVE  O'CLOCK  P.  M. 


The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount.  Broome 
Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Edge,  Fogartj,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hatch, 
Hausman,  Hendle}',  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone.  Mann,  Marshall,  Maxwell, 
Miller,  Milton,  Mitchell,  Morgan,  McCaskill,  McClellan,  Mc- 
Kinnon,  Xeel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Par- 
sons, Paterson.  Pelot,  Petty,  Randall  of  Duval,  Randell  of 
Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez,  Scott. 
Sheats.  Speer.  Stone,  Swearingen,  Taylor,  Tedder,  Tompkins, 
Tiirnbull,  Wads  worth,  Walker,  Jr.,  Wall,  Walter,  Weeks, 
Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 102. 

A  quorum  present. 

L'nanimous  consent  being  given,  Mr.  Green,  of  Holmes,  in- 
troduced a  petition  from  the  citizens  of  Holmes  county  asking 
that  a  portion  of  the  territory  of  said  count\'  be  given  to  Wal- 
ton county,  and  he  asks  that  the  same  be  spread  upon  the  Jour- 
nal, and  the  petition  be  laid  on  the  table  for  further  considera- 
tion, and  he  wishes  to  enter  his  protest  against  the  granting  of 
the  request,  as  it  will  virtuall}*  destroy  the  county  of  Holmts  if 
granted. 

Mr.  Yonge  moved  that  the  petition  be  read  by  its  title, 
spread  upon  the  Journal  and  laid  upon  the  table  for  further 
reference  ; 

Which  was  agreed  to. 
To  the  Honorahle^  the  ^lemhers  of  the  Constitutional  Conven- 
tion of  the  State  of  Florida^  in  Convention  assembled: 

Your  petitioners,  citizens  of  Holmes  county,  would  most 
respectfully  request  your  Honorable  body  that  the  boundary 
line  of  said  county  be  changed  so  that  the  Choctawhatchie 
river  be  made  the  boundary  line  of  said  county,  that  the  river 
is  a  great  source  of  inconvenience  to  said  citizens.  Often  high 
waters  renders  it  impossible  to  cross,  and  renders  it  impractica- 
ble to  attend  court,  &c.,  and  in  duty  bound,  will  ever  pray,  &c. 


266 


W.  Murphy,  I.  Murphy,  Isaac  Hardy,  A.  Murphy.  S.  J.  Par- 
rish,  S.  F.  T.  Parrish,  J.  E.  Sikes,  W.  J.  Balcom,  B.  Hotnoy, 
John  T.  Mathis,  Y.  L.  Mathis,  Ira  Anders,  Isham  Padget, 
Henry  Padget,  Berry  Morrison,  A.  H.  Parrish,  E,  A.  Whit- 
ton,  J.  W.  Whitton,  Lovel  Moore,  L.  A.  Graves,  T.  B.  Moore, 
H.  T.  Edmonds,  Steventh  Smith,  A.  Gillmon,  J.  M. 
Gillmon,  Arella  Watson,  L.  Ma'low,  George  Broxton, 
D.  N.  Morrison,  N.  C.  Morrison,  J.  M.  Morrison, 
H.  Smith,  William  Spears,  0.  M.  Standley,  Jake  Perkins,  W. 
H.  Arrout,  Morgan  Aront,  Henry  H.  Aront,  Alex  Anders, 
Isom  Castor,  James  Castor,  Duncan  Castor,  Joseph  Ammons, 
Fenly  Morrison,  Henry  Terry,  Jessie  Beck,  A.  Infinger,  J.  S. 
Macon,  Warren  Baxtor,  P.  P.  Brooks,  Jno.  W.  Aldridge,  Sam 
Monysum,  B.  E.  Brooks,  W.  J.  Standley,  W.  M.  Moore,  J.  C 
Standley,  Wesley  Godwin,  T.  J.  Mobley,  J.  L.  Longley, 
Charles  Yesterlon,  H.  Howard,  J.  M.  Hall,  J.  A.  Ramsey, 
Thomas  Hutson,  Adam  Handy,  Kushi  Horn,  William  Horn, 
Jack  Byrd,  D.  W.  Anders,  John  W.  Glover,  A.  J.  Glover, 
Richard  Lewis,  W.  H.  Farmer,  James  Hunter,  W.  D.  Pad- 
get,  G.  W.  Smith,  John  Smith,  L.  M.  Owens,  James  Right, 
Thomas  C.  Carroll,  Michael  Keegan,  W.  L.  Tindol,  Y.  M. 
Scott,  T.  C.  Barges,  Elbert  Peacock,  Calvin  Custer,  Mildes 
Anders,  R.  W.  Smith,  A.  J.  Broxton,  W.  J. 
Cobb,  W.  S.  Taylor,  T.  J.  Meckler,  W.  W.  Mayo,  H.  Hendley, 
J.  J.  Dukes,  Seaborn  Jones,  W,  C.  Mayson,  W.  M.  Brown,  W. 

D,  Jackson,  W.  D.  Stokes,  Edward  Moore,  William  Stephens, 
B.  F.  Flowers,  M.  D.  Morrison,  S.  P.  Walden,  Jno.  Barlow, 
William  Barlow,  James  Kelly,  J.  S.  Sutton,  Charles  Sutton, 
William  Sutton,  Thomas  Standley,  James  Truitt,  Redic 
Godwin,  Henr3^  Morrison,  E.  D.  Brownell,  C.  H.  Minger, 
James  Curry,  H.  M.  Hewett,  D.  A.  Morrison,  H.  C.  Calahan, 
Wm.  Curry,  John  Curry,  H.  J.  Commander,  Lewis  Hewitt,  B. 

E.  Sellers,  W.  B.  Thomas,  Simeon  Thomas,  Daniel  Thomas,  Bud 
Broxton,  J.  M.  Benton,  Daniel  Owens,  W.  M.  Merchant,  Wm. 
Huggins,  W.  J.  Godwin,  Jerry  Day,  James  Dickson,  Robert 
Green,  Mack  Broxton,  J.  T.  Powell,  Wesley  Ward,  Alford 
Broxton,  John  Owens,  John  Stafford,  George  Marlow, 
William  Spears,  J.  E.  Younge,  Tosy  Paul,  E.  Bowers,  Alfred 
Morral,  W.  M.  Rice,  Charles  Gainey,  S.  W.  Ganey,  A.  A. 
Parker,  J.  M.  Potter,  J.  C.  Ansley. 

Mr.  Coker  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

The  Convention  resumed  the  consideration  of  Article  XII. 

Section  2  was  again  read. 


t 


267 


The  question  was  upon  the  amendment  offered  by  the  Com- 
mittee. 

Mr.  G-reeley  offered  the  following  amendment  as  a  substi- 
tute for  the  amendment  : 

The  Legislature  may  provide  for  suca  rebate  for  prompt 
payment  and  such  interest  for  deferred  payment  of  taxes  as 
they  may  deem  just. 

The  question  was  on  the  adoption  of  the  subs-itute. 

Mr.  McCTellan  moved  t  >  lay  the  substitute  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Miller  offered  the  following  amendment  as  a  substitute 
for  the  amendment. 

The  Legislature  may  provide  for  the  sale  of  lauds  for  taxes, 
and  may  prescribe  such  reasonable  limitations  and  rules  of 
proceedings  and  evidence,  as  will  secure  to  the  person  pur- 
chasing lands  at  tax  sales  a  good  and  valid  title  against  the 
former  owner. 

Mr.  McCTellan  moved  to  lay  the  substitute  on  the  table  ; 
TThich  was  agreed  to. 

Mr.  McCaskill  moved  that  the   amendment  offered  by  the 
committee  be  adopted,  and  called  the  previous  question. 
The  question  was.   >hall  the  main  question  be  now  put? 
The  yeas  and  nays  were  c;dled  for.  , 
The  vote  was  : 

Yeas — Messrs.  Bennett.  Bethel.  Broome.  Campbell.  Clarke 
of  Jefferson.  Clark  of  Jackson.  Coker,  Cuok.  Davidson.  Dun- 
can. Edge,  Fogarty.  Fowler,  Genovar.  Goodbread,  Green, 
Hatch,  Hausman.  Hendley.  Henderson.  Herndon,  Hocker, 
Johnston,  Jones.  Landrum.  Love.  Maxwell.  Milton.  Morgan, 
McCaskill.  McClellan,  McKinnon,  Xeel,  Odom.  Oliveros, 
Orman.  Parkhill.  Parsons.  Paterson,  Randell  of  Madison, 
Randolph,  Richard,  Rowe.  Scott.  Speer.  Stone.  Swearins:en, 
Taylor,  Tedder,  Wadsworth.  Weeks,  Wellman.  Westcott,  Whit- 
mire.  Wilson  of  Clay  and  Wylly — .55. 

Xays — Messrs.  Baker.  Beirof^Hamilton.  Blackburn.  Blount, 
Carter.  Challen,  Chandler.  Conover,  Davis.  Earle.  G-ibbs, 
Gillis.  Goss,  Greeley,  Hicks.  Hope.  Humphries,  Ives,  Lesley. 
Lewis,  Lutterloh,  Malone,  Mann,  Marshall,  Miller,  Mitchell. 
Pelot.  Pettv,  Randall  of  Duval.  Rogers.  Sanchez,  Sheats, 
Thompson,  TurnbuU.  Walker.  Jr..  Wall.^  Walter.  Wilson  of  Polk 
and  Manatee,  Yonge  and  Zipperer — 40. 

So  the  previous  question  was  ordered,  an.l  the  question  was 
upon  the  adoption  of  the  amendment. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Baker.  Bethel,  Blount,  Broome,  Campbell, 


268 


Carter,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Duncan,  Edge,  Fogarty,  Genovar,  Gillis,  Hausman, 
Hendley,  Henderson,  Herndon,  Hocker,  Ives,  Johnston,  Jones, 
Lesley,  Love,  Maxwell,  Milton,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Odom,  Oliveros,  Parkhill,  Parsons,  Paterson,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Scott,  Taylor,  Tedder, 
TurnbuU,  Wall,  Weeks,  Wellman,  Whitmire,  Wilson  of  Clay, 
Wylly  and  Yonge — 5L 

Nays — -Messrs.  Bell  of  Hamilton,  Bennett,  Blackburn,  Chal- 
len,  Chandler,  Conover,  Davidson,  Davis,  Earle,  Fowler,  Gibbs, 
Goodbread,  Goss,  Greeley,  Green,  Hatch,  Hicks,  Hot)e,  Hum- 
phries, Landrum,  Lewis,  Lutterloh,  Malone,  Mann,  Marshall, 
Miller,  Mitchell,  Neel,  Orman,  Parker,  Pelot,  Petty,  Randall 
of  Duval,  Rogers,  Rowe,  Sanchez,  Sheats,  Speer,  Stone,  Swear- 
ingen,  Thompson,  Wadsworth,  Walker,  Jr.,  Walter,  Westcott, 
Wilson  of  Polk  and  Manatee  and  Zipperer — 4Y. 

So  the  amendment  was  adopted. 

Mr.  Baker  gave  notice  that  on  to-morrow  he  would  move  to 
reconsider  the  vote  just  taken. 

The  question  was  upon  the  adoption  of  Section  2  as 
amended. 

Mr.  Baker  moved  to  strike  out  the  whole  section. 
Mr.  Yonge  moved  to  lay  the  motion  to  strike  out  on  the 
table : 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bethel,  Blackburn,  Blount,  Campbell, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 
Davis,  Duncan,  Edge,  Fogarty,  Genovar,  Gillis,  Green,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hocker,  Hope,  Ives, 
Johnston,  Jones,  Landrum,  Lesley,  Love,  Malone,  Mann,  Mar- 
shall, Maxwell,  Milton,  Morgan,  McCaskill,  McClellan,  Odom, 
Oliveros,  Orman,  Parkhill,  Parsons,  Paterson,  Randell  of 
Madison,  Randolph,  Richard,  Rogers,  Rowe,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  TurnbuU,  Wads- 
worth,  Walker,  Jr.,  Weeks,  Wellman,  Whitmire,  Wilson  of 
Clay,  Wylly  and  Yonge — 64. 

Nays— Messrs.  Baker,  Bell  of  Hamilton,  Benneit,  Broome, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Conover,  Earle,  Fow- 
ler, Gibbs,  Goodbread,  Goss,  Greeley,  Hargret,  Hicks,  Hum- 
phries, Lewis,  Lutterloh,  Miller,  Mitchell,  McKinnon,  Neel, 
Parker,  Pelot,  Petty,  Randall  of  Duval,  Sanchez,  Thompson, 
Wall,  Walter,  Westcott,  Wilson  of  Polk  and  Manatee  and  Zip- 
perer— 36. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 


269 


The  question  was  again  upon  the  adoption  of  Section  2  as 
amended  ; 

Which  was  agreed  to,  and  the  Section  was  declared  passed 
as  amended. 

Section  3  was  read  and  passed  without  amendment. 
Section  4  was  read  and  passed  without  amendment. 
Sections  was  read  and  passed  without  amendment. 
Section  6  was  read. 
Mr.  Xeel  offered  to  amend  as  follows  : 

Strike  out  "Two  dollars  and  insert  one  dollar  "  in  line 
five  of  Section  6,  Article  XII. 

Pending  discussion,  Mr.  Parkhill  moved  to  adjourn  until  9 
o'clock  A.  M.  to-morrow  ; 

Which  was  agreed  to,  and  the  Convention  was  so  adjourned. 


TWENTY-FIFTH  DAY. 


THURSDAY,  July  9,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  beins^  called,  the  foUowins^  deleo^ates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton,  Bennett, 
Blackburn,  Blount,  Broome,  Bush,  Campbell,  Carter,  Carson, 
Challen,  Chandler,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Gen- 
ovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hausman,  Hendley,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Ives,  Johnston,  Jones,  Landrum, 
Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Miller,  Milton,  Mitchell,  Morgan,  McCaskill,  McClellan,  Mc- 
Kinnon,  Xeel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Par- 
sons, Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell  of 
Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson, 
Tolbert,  Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall, 
Walter,  Weeks,  Wellmau,  Westcott,  Whitmire,  Wilson  of  Cla}', 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer 
—  103. 


270 


A  quorum  present. 
Prayer  hy  the  Chaplain. 

Mr.  Challen  moved  that  the  reading  of  the  Journal  be  dis^ 
pensed  with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Mann,  Chairman  of  the  Committee  on  Suffrage  and  Eli- 
gibility, asked  leave  of  the  Convention  to  re-employ  the  Clerk 
of  said  committee  until  a  report  could  be  made  ; 

Which  was  agreed  to,  and  the  permission  granted. 

Messrs.  Bell,  of  Brevard  and  Dade,  and  Bethel,  were  excused 
on  account  of  sickness. 

xVlr.  Walter  offered  a  Petition  from  the  County  Commission- 
ers of  Duval  county  in  reference  to  Road  and  Bridge  Tax  ; 

Which  was  read  and  referred  to  the  Committee  on  Count}', 
Township  and  City  Organization. 

The  roll  of  committees  was  called,  and  the  following  reports 
submitted : 

Mr.  Hocker,  Chairman  of  Committee  on  Public  Institutions, 
offered  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  9,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Public  Institutions,  to  whom  was 
referred  back — 

Article  X,  with  the  substitute  for  the  same,  offered  by  Mr. 
Walker,  Jr.,  of  Leon,  beg  leave  to  report  that  they  have  recon- 
sidered Article  X,  and  the  substitute,  and  that  they  do  not 
think  the  substitute  ought  to  be  adopted.  They,  therefore, 
recommend  that  the  said  substitute  be  laid  on  the  table. 

In  deference  to  the  demand  of  some  members  of  the  Conven- 
tion for  a  provision  mandatory  upon  the  Legislature  to  carry 
into  effect  the  objects  of  Article  X,  the  committee  herewith 
report  an  additional  section  to  Article  X  to  be  numbered  Sec- 
tion 4.  Yery  respectfully, 

;    .  ;  .  W.  A.  HoCKER, 

Chairman  of  Committee. 

Section  4,  Article  X,  reported  by  the  Committee  : 

Section  4.  The  first  Legislature  that  convenes  after  the 

adoption  of  this  Constitution  shall  enact  the  necessary  laws  to 

carry  into  effect  the  provisions  of  this  article  ; 

Which  was  received  and  the  accompanying  papers  placed 

among  the  orders  of  the  day. 


271 


Mr.  Westcott,  Chairman  of  the  Committee  on  Constitutional 
Amendments,  offered  the  follovring  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  9,  1S85. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Constitutional  Amendments,  to 
whom  was  referred  the  following  Articles.  Ordinances  and 
Resolutions,  to-wit :  Xo.  31.  by  Mr.  Griilis,  of  Putnam,  mode 
of  amending  the  Constitution  ;  Ordinance  Xo.  34,  by  Mr.  Da- 
vis, of  Gadsden,  on  the  mode  of  amending  and  revising  the 
Constitution;  Resolution  Xo.  35.  by  Mr.  Baker,  of  Xassau,  on 
the  revision  of  the  Constitution  ;  Resolution  Xo.  87.  b}-  Mr. 
Herndon,  on  revision  of  Constitution,  and  Resolution  Xo.  — , 
b}'  Mr.  Davidson,  of  Dade,  on  the  revision  of  the  Constitution, 
respectfully  report  that  we  have  examined  the  same  and  have 
incorporated  into  the  report  such  portions  of  them  as  your 
committee  thought  advisable,  and  return  them  back  to  the 
Convention  for  their  action. 

And  also  the  following  were  referred  to  your  committee,  to- 
wit  :  Ordinance  Xo.  6S,  by  Mr.  Petty,  of  Xassau,  on  registra- 
tion ;  also.  Resolution  Xo.  74.  b}'  Mr.  Petty,  relating  to  the 
adoption  of  the  Constitution;  also,  Resolution  Xo.  96,  by  Mr. 
Gross,  of  Marion,  relating  to  the  right  of  the  people  to  vote 
for  officers,  and  Resolution  Xo.  5,  by  Mr.  Hendley,  relating  to 
election,  which  we  think  were  improperly  referred  to  this 
committee,  and  return  them  to  the  Convention  and  ask  that 
they  be  referred  to  their  appropriate  committees. 

Very  respectfull}', 

.  John  Westcott, 
Chairman  Committee. 

ARTICLE  XVII. 

Section  1.  Either  branch  of  the  Legislature,  at  a  regular  ses- 
sion thereof,  may  propose  amendments  to  this  Constitution  ; 
and  if  the  same  be  agreed  to  b}^  two-thirds  of  all  the  members 
elected  to  each  House,  such  proposed  amendments  shall  be  en- 
tered upon  their  respective  Journals  with  the  yeas  and  nays, 
and  published  in  one  newspaper  in  each  county  where  a  news- 
paper is  published,  for  three  months  immediately  preceding 
the  next  general  election  of  Representatives,  at  which  time  the 
same  shall  be  submitted  to  the  electors  of  the  State^  for  ap- 
proval or  rejection.  If  a  majority  of  the  electors  voting  at 
jiuch  election  adopt  such  amendments,  the  same  shall  become 
a  part  of  the  Constitution.    Such  proposed  amendments  shall 


272 


be  so  submitted  as  to  enable  the  electors  to  vote  on  each 
amendment  separately. 

Sec.  2.  If  at  any  time  the  Legislature,  by  a  vote  of  two- 
thirds  of  all  the  members  of  both  Houses,  shall  determine  that 
a  revision  of  this  Constitution  is  necessary,  such  determina- 
tion shall  be  entered  upon  their  respective  Journals,  with  the 
yeas  and  nays  thereon.  Notice  of  said  action  shall  be  published 
weekly  in  one  newspaper  in  every  county  in  which  a  newspaper 
is  published,  for  three  months  preceding  the  next  general  elec- 
tion of  Representatives.  The  electors  at  said  election  may 
vote  for  or  against  the  revision  in  question.  If  a  majority  of 
the  electors  so  voting  be  in  favor  of  revision,  the  Legislature 
chosen  at  the  said  election  shall  provide  by  law  for  a  Conven- 
tion to  revise  the  Constitution,  said  Convention  to  be  held 
within  six  months  after  the  passage  of  such  law.  The  Con- 
vention shall  consist  of  one  member  from  each  county  in  the 
State. 

Which  was  read,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day,  and  200  copies  of  Article  17, 
accompanying  the  report,  ordered  printed. 

Mr.  Yonge,  Chairman  of  the  Committee  on  County,  Town- 
ship and  City  Organization,  made  the  following  report : 

Convention  Hall,  > 
Tallahassee,  Fla.,  July  8,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  County,  Township  and  City  Or- 
ganization, to  whom  was  referred — 

Resolution  No.  59,  introduced  by  Mr.  Wilson,  of  Polk 
county,  relating  to  the  formation  of  new  counties,  beg  leave  to 
report  that  they  have  examined  the  same,  but  having  already 
reported  to  the  Convention  upon  the  same  subject,  your  Com- 
mittee herewith  refer  the  said  Resolution  back  to  the  Conven- 
tion, with  the  recommendation  that  the  same  be  laid  upon  the 
table. 

Very  respectfully, 

J.  E.  Yonge, 

Chairman  Committee  on  County,  Township  and  City  Organi- 
zation. 

Which  was  received,  and  the  accompanying  papers  placed 
among  the  orders  of  the  da}^ 

The  additional  section  to  the  Preamble  and  Bill  of  Rights 
was  read  the  first  time,  and  placed  among  the  orders  of  the 
day. 


( 


273 


The  consideration  of  Article  XII,  on  Taxation  and  Finance, 
was  resumed. 

Mr.  McClellan  moved  to  reconsider  the  vote  by  which  section 
2,  Article  XII,  was  adopted  on  yesterday  ; 
Which  was  agreed  to. 

Mr.  McClellan  moved  to  reconsider  the  vote  by  which  the 
following  amendment  to  section  2,  Article  XII,  was  adopted 
yesterday : 

Insert  at  the  end  of  section  2  "  and  may  impose  such  condi- 
tions and  penalties  for  non-payment  of  taxes  as  it  shall  deem 
proper ;" 

Which  was  agreed  to,  and  the  vote  was  reconsidered. 
The  question  was  upon  the  adoption  of  the  amendment  as 
read. 

Mr.  Rogers  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to.  • 
Section  2  was  then  passed  as  printed  and  read. 
Section  6  was  read. 

The  pending  amendment,  offered  by  Mr.  Neel  on  yesterday, 
was  read  as  follows : 

Strike  out  "  two  dollars  "  i.nd  insert  "  one  dollar  "  in  line 
five  of  Section  6,  Article  XiL  ; 

Which  was  agreed  to. 

Mr.  Rogers  offered  the  fo.  '  wing  amendment : 

Strike  out  all  the  section  aUer  the  word  "  licenses  "  in  5th 
line,  and  add  in  lieu  the  following :  But  the  capitation  tax 
shall  not  exceed  one  dollar  per  annum,  and  half  of  which  shall 
be  applied  to  cotnmon  school  purposes,  and  the  remaining  half 
to  the  keeping  in  good  repair  the  public  roads  and  highways 
of  the  counties  in  which  said  tax  is  collected." 

Mr.  McCaskill  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  was  laid  upon  the 
table. 

Mr.  Goodbread  offered  the  following  amendment  ; 

Strike  out  in  line  5  the  words  "  two  dollars  "  and  insert  in 
lieu  thereof  the  words  one  dollar,"  and  strike  out  all  after  the 
word     annum  "  in  line  5.  ^ 

Mr.  Chandler  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  was  laid  upon  the 
table. 

Mr.  Marshall  offered  to  amend  as  follows  : 
Strike  out  in  lines  2  and  3    and  for  no  other  purposes  ;" 
Which  was  not  agreed  to. 
Mr.  Sheats  offered  the  following  amendment : 
After  "counties"  in  the  1st  line,  insert  "School  Districts 
18 


274 


as  may  be  provided  by  law     also,  insert  after     county  "  in 
the  2d  line,    School  District ; 
Which  was  withdrawn. 

Mr.  Bush  offered  the  following  amendment : 
Insert  in  4th  line,  after  the  word  ^'taxation,"  in  Section  6, 
But  the  cities  and  incorporated  towns  shall  make  their  own 

assessments  for  municipal  purposes  upon  the  property  within 

their  limits 

Which  was  agreed  to  and  the  amendment  was  adopted. 

Mr.  Sheats  renewed  his  amendment  as  follows  : 

By  inserting  after  counties,  in  the  first  line,  "  school  dis- 
tricts as  may  be  provided  by  law ; "  also,  insert  after 
county,"  in  the  second  line,  "  school  district." 

Mr.  Clarke,  of  Jefferson,  moved  to  lay  the  amendment  on 
the  table ; 

Which  was  agreed  to  and  the  amendment  was  laid  upon  the 
table. 

Mr.  Hatch  offered  the  following  amendment  : 
Strike  out  in  lines  4  and  5,     a  tax  on  license  "  and  insert  in 
lieu  thereof    a  license  tax." 

Mr.  Walker,  Jr.,  offered  to  amend  the  amendment  as  fol- 
lows : 

On  intoxicating  liquors,  wines  and  beer. 

Mr.  Yonge  moved  to  lay  the  amendment  to  the  amendment 
on  the  table ; 

Which  was  agreed  to. 

The  question  was  upon  the  amendment  offered  by  Mr. 
Hatch. 

Mr.  Malone  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 
Mr.  Challen  offered  to  amend  as  follows  : 
Amend  Section  6  by  striking  out  in  the  4th  and  5th  lines 
"a  tax  on  licenses,"  and  insert  ''occi }  otion  taxes." 

Mr.  TurnbuU  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  Section  6,  as 
amended. 

Mr.  Johnston  offered  the  following  substitute  for  the  entire 
Section : 

The  Legislature  shall  authorize  the  several  counties  and  in- 
corporated towns  and  cities  in  this  State  to  impose  taxes  and 
assessments  for  county  and  municipal  purposes,  and  for  no 
other  purposes,  and  all  property  shall  be  taxed  upon  the  prin- 
ciple established  for  State  taxation.  But  incorporated  cities 
and  towns  of  not  less  than  two  thousand  inhabitants  shall  have 
the  power  to  assess  and  levy  a  special  tax  for  any  local  im- 


r 


275 


provements  within  their  corporate  limits  upon  ail  property 
directly  and  specially  benefited  by  such  improvements ;  Pro- 
vided^ Such  special  tax  for  local  improvements  shall  never 
in  any  one  year  exceed  one  per  centum  of  the  assessed  valuation 
upon  the  property  to  be  specially  taxed.  The  Legislature  may 
also  provide  for  levying  a  special  capitation  tax,  and  a  special 
license  tax  on  such  business  enterprises  as  it  may  see  proper, 
but  the  capitation  tax  shall  not  exceed  one  dollar  per  annum, 
and  shall  be  applied  exclusively  to  common  school  purposes. 

Mr.  Pater  son  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Baker  gave  notice  that  he  would  on  to-morrow  move  to 
reconsider  the  vote  just  taken  by  which  the  substitute  was  laid 
upon  the  table. 

Mr.  Orman  offered  the  following  amendment  : 

Insert  in  line  one,  after  the  word  "  incorporated  "  the  words 

cities  or 

Which  was  accepted  by  the  committee. 

Mr.  Chandler  moved  to  defer  further  action  on  section  6 
until  to-morrow  ; 

Which  was  not  agreed  to. 

Mr.  Maxwell  moved  to  reconsider  the  vote  by  which  the  sub- 
stitute for  section  6,  offered  by  Mr.  Johnston,  was  laid  upon  the 
table,  and  further  moved  to  lay  that  motion  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  w^as : 

Yeas — Messrs.  Blount,  Bush,  Campbell,  Carter,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Genovar,  Gillis, 
Haiisman,  Herndon,  Humphries,  Jones,  Love,  Malone,  Max- 
well, Milton,  Morgan,  McCaskill,  McClellan,  Neel,  Oliveros, 
Orman,  Paterson,  Randell  of  Madison,  Scott,  Speer,  Stone, 
Swearingen,  Tedder,  Wadsworth,  Whitmire,  Wilson  of  Polk 
and  Manatee  and  Yonge — 35. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Blackburn, 
Broome,  Carr,  Challen,  Chandler,  Conover,  Davidson,  Duncan, 
Earle,  Edge,  Fogart}^,  Fowler,  Gibbs, Good  bread,  Goss,  Greeley, 
Green,  Hargret,  Hatch,  Hendley,  Henderson,  Hicks,  Hocker, 
Johnston,  Landrum,  Lesley,  Lewis,  Lutterloh,  Mann,  Mar- 
shall, Miller,  Mitchell,  McKinnon,  Odom,  Parker,  Parkhill, 
Parsons,  Pelot,  Petty,  Randall  of  Duval,  Randolph,  Richard, 
Rogers,  Rowe,  Sanchez,  Sheats,  Taylor,  Thompson,  Tompkins, 
Turnbull,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Wil- 
son of  Clay,  Wylly  and  Zipperer — 60. 

So  the  motion  to  reconsider  and  lay  upon  the  table,  was  not 
agreed  to. 


276 


Mr.  Wellman  moved  that  further  action  on  Section  6  be 
postponed  until  to-morrow ; 
Which  was  not  agreed  to. 

Mr.  Sanchez  moved  to  take  the  substitute  for  Section  6,  of- 
fered by  Mr.  Johnston,  from  the  table ; 

Which  was  agreed  to,  and  the  substitute  was  taken  from  the 
table. 

Mr.  McClellan  moved  to  recommit  Section  6,  as  amended, 
with  the  substitute  to  the  committee  ; 

Which  was  agreed  to,  a,nd  the  section,  as  amended,  and  the 
substitute  was  recommitted. 

Section  7  was  read. 

Mr.  Randall,  of  Duval,  offered  the  following  amendment  : 
Or  for  the  purpose  of  redeeming  or  refunding  bonds  already 
issued  at  a  lower  rate  ot  interest  ; 

Which  was  accepted  by  the  committee. 
Section  7  was  then  passed,  as  amended. 
Section  8  was  read. 

Mr.  Walter  moved  to  amend  as  follows  : 
Strike  out  all  after  "  chartered  companies  "  in  second  line  ; 
Which  was  not  agreed  to,  and  section  8  was  passed  without 
amendment. 

Section  9  was  read. 

Mr.  Rogers  offered  to  amend  by  adding  the  following : 
Provided  such  taxe^  are  due. 

Mr.  Swearingen  offered  the  following  amendment  to  the 
amendment,  which  was  accepted  by  Mr.  Rogers  in  lieu  of  the 
amendment : 

In  section  9  strike  out  from     or,"  in  second  line,  to  "  le- 
gally "  in  third  line  ; 
Which  was  withdrawn. 

Mr.  Landrum  offered  the  following  amendment  : 

In  Section  9,  line  1,  after  the  word  "  person  "  insert  "  or 
corporation."  Insert  "  or  it,"  after  he,"  in  2d  line,  and  "  or 
its,"  after  "  his,"  in  3d  line  ; 

Which  was  accepted. 

Section  9  was  then  passed  as  amended. 

Section  10,  was  read. 

Mr.  Swearingen  offered  the  following  amendment : 
In  Section  10,  add  in  third  line,  after  ''limb,"  "or  been  dis- 
abled ;" 

Which  was  adopted. 

Mr.  Clark,  of  Jackson,  offered  the  following  amendment : 
Add  after  the  word  "  widow,"  in  line  2,  the  words  "  or  un- 
married woman." 

Mr.  McCaskill  moved  to  lay  the  amendment  on  the  table  ; 


277 


Which  was  agreed  to. 

Mr.  Goodbread  moved  to  amend  as  follows : 

In  line  one  strike  out  "  two  "  and  insert four." 

Mr.  Parkhill  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Section  10  was  passed  as  amended.  . 

Mr.  Malone  offered  the  following  additional  Section  to 
Article  12  : 

Section  11.  The  credit  of  the  State  shall  not  be  pledged  or 
loaned  to  any  individual,  company,  corporation  or  association; 
nor  shall  the  State  become  a  joint  owner  or  stockholder  in  any 
company,  association  or  corporation.  The  Legislature  shall 
not  authorize  any  county,  city,  borough,  township  or  incor- 
porated district  to  become  a  stockholder  in  any  company, 
association  or  corporation,  or  to  obtain  or  appropriate  money 
for,  or  to  loan  its  credit  to  any  corporation,  association,  insti- 
tution or  individual. 

Pending  discussion,  the  Convention  took  a  recess  until  5 
o'clock  P.  M.  to-day. 


FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being^  called,  the  foUowins:  deleorates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bennett,  Blackburn,  Blount, 
Broome,  Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Dancan,  Earle,  Edge,  Fogarty,  Fowler,  Geno- 
var,  Gibbs,  Gillis,  Goodbread,  Goss,  Greele}^,  Green,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hum- 
phries, Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton, 
Monsalvatge,  Morgan,  McCaskill,  McClellan,  McKinnon,  Odom, 
Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Randall  of  Duval,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingin,  Ta^^or,  Tedder,  Thompson,  Tompkins,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  West- 
cott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — 98. 

A  quorum  present. 

The  Convention  resumed  the  consideration  of  Article  XII. 


278 


Section  11,  as  offered  by  Mr.  Malone,  was  read  and  passed 
without  amendment. 

Mr.  McCaskill,  Chairman  of  the  Committee  on  Taxation  and 
Finance,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Pla.,  July  9,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  ;  Your  Committee  on  Taxation  and  Finance  to  whom 
was  referred — 

The  substitute  for  Section  6,  Article  XII,  offered  by  Mr. 
Johnston,  of  Alachua,  beg  leave  to  say  that  they  have  ex- 
amined the  same  and  would  refer  it  back  to  the  Convention 
with  the  recommendation  that  it  be  laid  on  the  table. 

The3^  would  further  state  that  they  have  carefully  examined 
Section  6  of  Article  XII,  which  was  recommitted,  and  would 
recommend  the  passage  of  the  same  as  amended  by  the  Con- 
vention. 

Very  respectfully, 

A.  L.  McCaskill, 

Chairman  of  Committee, 

Section  6  as  reported  by  the  committee  was  read 
The  question  was  upon  the  adoption  of  the  section. 
Section  6  was  passed  as  amended. 
Mr.  Orman  offered  the  following  additional  section  : 
Additional  Section  12.  The  power  to  tax  corporations  and 
corporate  property  shall  not  be  surrendered  or  suspended  by 
any  contract  or  grant  to  which  the  State  may  be  a  party. 

The  question  was  upon  the  adoption  of  the  additional  sec- 
tion ; 

Which  was  not  agreed  to. 

Mr.  Rogers  offered  the  following  additional  Section  : 
Section  — .  The  Legislature  may  provide  for  the  sale  of 
lands  for  the  non-payment  of  taxes,  and  shall  prescribe  such 
limitations  and  rules  of  proceedings  and  evidence  as  will  se- 
cure to  the  purchaser  at  tax  sales  a  good  and  valid  title.  All 
laws  in  reference  to  the  sale  of  lands  for  taxes  shall  be  liber- 
all}^  and  beneficially  constructed  in  favor  of  the  tax  title  ; 
Which  was  read. 

The  question  was  upon  the  adoption  of  the  additional  Sec- 
tion. 

Mr.  Blackburn  moved  to  amend  by  striking  out  all  the 
words  after  the  word  "title"  in  the  6th  line. 

Mr.  Patersoii  moved  to  lay  the  Section  and  the  amendment 
on  the  table. 


279 


The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas —  Messrs.  Campbell,  Carson,  Challen,  Clarke  of  Jef- 
ferson, Coker,  Cook,  Davidson,  Duncan,  Edge,  Fowler,  Geno- 
var,  Gillis,  Green,  Hausman,  Henderson,  Hope,  Jones,  Lan- 
drum,  Lewis,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Milton,  McCaskill,  McClellan,  McKinnon,  Parker,  Parkhill, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Sanchez, 
Scott,  Speer,  Stone,  Swearingen,  Taylor,  Tedder  and  Turn- 
bull— 42. 

Nays — Messrs.  Baker,  Bennett,  Blackburn,  Blount,  Broome, 
Bush,Carter,  Carr,  Chandler,  Clark  of  Jackson,  Conover, 
Davis,  Earle,  Fogarty,  Gibbs,  Goodbread,  Goss,  Greeley, 
Hargret,  Hatch,  Hendley,  Herndon,  Hicks,  Humphries, 
Ives,  John.*ton,  Lesley,  Mann,  Miller,  Mitchell,  Monsalvatge, 
Morgan,  Neel,  Odom,  Oliveros,  Orman,  Parsons,  Randall  of 
Duval,  Richard,  Rogers,  Rowe,  Sheats,  Thompson,  Tompkins, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly  and  Zipperer — 56. 

So  the  motion  to  lay  upon  the  table  was  not  agreed  to. 

The  question  was  then  upon  the  amendment  offered  by  Mr. 
Blackburn  ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  additional 
section,  as  amended. 

The  yeas  and  na^^s  were  called  for. 
The  vote  was  : 

Yeas— Messrs.  Baker,  Blackburn,  Bush,  Carr,  Chandler, 
Conover,  Genovar,  Gibbs,  Greeley,  Hargret,  Hatch,  Hendley, 
Herndon,  Hicks,  Hope,  Ives,  Johnston,  Leslej^  Miller,  Mitchell, 
Monsalvatge,  Morgan,  Neel,  Oliveros,  Petty,  Randall  of 
Duval,  Richard,  Rogers,  Sheats,  Stone,  Tompkins,  Walker, 
Jr.,  Walter,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee  and  Wylly— 39. 

Nays — Messrs.  Bell  of  Hamilton,  Bennett,  Blount,  Broome, 
Campbell,  Carson,  Challen,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge, 
Fogarty,  Fowler,  Gillis,  Goss,  Green,  Hausman,  Henderson, 
Humphries,  Jones,  Landrum,  Lewis,  Love,  Lutterloh,  Malone, 
"^lann,  Marshall,  Maxwell,  Milton,  McCaskill,  McClellan,  Mc- 
Kinnon, Odom,  Orman,  Parker,  Parkhill,  Pa*-,erson,  Pelot,  Ran- 
dell of  Madison,  Randolph,  Rowe,  Scott,  Speer,  Swearingen, 
Taylor,  Tedder,  Thompson,  Turnbull,  Wadsworth,  Wall, 
Weeks,  Westcott,  Whitmire,  Yonge  and  Zipperer — 59. 

So  the  additional  section  was  not  adopted. 


280 


Mr.  McCaskill  moved  that  Article  XII  be  re-engrossed  and 
passed  to  its  third  reading ; 

Which  was  agreed  to,  and  it  was  so  ordered. 

ARTICLE  XII. 

TAXATION  AND  FINANCE. 

Section  1.  Tlie  Legislature  shall  provide  for  a  uniform  and 
equal  rate  of  taxation,  and  shall  prescribe  such  regulations  as 
shall  secure  a  just  valuation  of  all  property,  both  real  and 
personal,  excepting  such  property  as  may  be  exempted  by  law 
for  municipal,  educational,  literary,  scientific,  religious  or 
charitable  purposes. 

Sec.  2.  The  Legislature  shall  provide  for  raising  revenue 
sufficient  to  defray  the  expenses  of  the  State  for  each  fiscal 
year,  and  also  a  sufficient  sum  to  pay  the  principal  and  inter- 
est of  the  existing  indebtedness  of  the  State. 

Sec.  3.  No  tax  shall  be  levied  except  in  pursuance  of  law. 

Sec  4.  No  money  shall  be  drawn  from  the  Treasury  except 
in  pursuance  of  appropriations  made  by  law. 

Sec.  5.  An  accurate  and  detailed  statement  of  receipts  and 
expenditures  of  the  public  moneys  shall  be  published  with  the 
laws  at  each  regular,  session  of  the  Legislature. 

Sec  6.  The  Legislature  shall  authorize  the  several  counties 
and  incorporated  cities  or  towns  in  the  State  to  impose  taxes 
and  assessments  for  county  and  corporation  purposes,  and  for 
no  other  purposes,  and  all  property  shall  be  taxed  upon  the 
principle  established  for  State  taxation.  But  the  cities  and  in- 
corporated towns  shall  make  their  own  assessments  for  mu- 
nicipal purposes  upon  the  property  within  their  limits.  The 
Legislature  maj^also  provide  for  levying  a  special  capitation 
tax,  and  a  tax  on  licenses.  But  the  capitation  tax  shall  not  ex- 
ceed one  dollar  per  annum  and  shall  be  applied  exclusively  to 
common  school  purposes. 

Sec  t.  The  Legislature  shall  have  power  to  provide  for  issu- 
ing State  bonds  only  for  the  purpose  of  repelling  invasion  or 
supp'-essing  insurrection,  or  for  the  purpose  of  redeeming  or 
refunding  bonds  already  issued  at  a  lower  rate  of  interest. 

Sec  8.  No  tax  shall  l3e  levied  for  the  benefit  of  any  chartered 
company  of  the  State,  or  for  paying  interest  on  any  bonds 
issued  by  said  chartered  companies,  or  by  counties,  or  by  cor- 
porations, for  the  above  mentioned  purpose. 

Sec  9.  No  person  or  corporation  shall  be  relieved  by  any 
court  from  the  payment  of  any  tax  which  ma}^  be  illegal  or 
illegallj"  or  irregularly  assessed,  until  he  or  it  shall  have  paid 


281 


such  portion  of  his  or  its  taxes  as  may  be  legal,  and  legally  and 
regularly  assessed. 

Sec.  10.  That  there  shall  be  exempt  from  taxation  personal 
property  to  the  value  of  two  hundred  dollars  to  every  widow 
who  has  a  family  dependent  upon  her  for  support,  and  to  every 
person  who  has  lost  a  limb  or  been  disabled  in  war  or  by  mis- 
fortune. 

Sec.  11.  The  credit  of  the  State  shall  not  be  pledged  or 
loaned  to  any  individual,  company,  corporation  or  association  ; 
nor  shall  the  State  become  a  joint  owner  or  stockholder  in  any 
company,  association  or  corporation.  The  Legislature  shall 
not  authorize  any  county,  city,  borough,  township  or  incor- 
porated district  to  become  a  stockholder  in  any  company,  as- 
sociation or  corporation,  or  to  obtain  or  appropriate  money 
for,  or  to  loan  its  credit  to,  an}^  corporation,  association,  insti- 
tution or  individual. 

On  motion  of  Mr.  Walker,  Jr..  the  Convention  adjourned 
until  9  o'clock  A.  M.  to-morrow. 


TWENTY-SIXTH  DAY. 


FRIDAY,  July  10,  1885.  '  , 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton,  Bennett, 
Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell,  Carter, 
Carson,  Challen,  Chandler,  Clarke  of  Jelferson,  Clark  of  Jack- 
son, Coker,  Conover,  Cook,  Davidson,  Duncan,  Earle,  Edge, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Greele}^,  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Hender- 
son, Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Ives,  John- 
ston, Jones,  Landrum,  Leslej',  Lewis,  Love,  Lutterloh,  Malone, 
Marshall.  Maxwell,  Miller,  Milton,  Mitchell,  Monsalvatge, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Xeel,  Odom,  Oli- 
veros,  Ormau,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 


282 


Swearingen,  Taylor,  Tedder,  Tompkins,  TurnbuU,  Wadsworth, 
Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott,  Whit- 
mire,  Wilson  of  Clay,  yVilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer — 100. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  TurnbuU  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Baker  moved  to  correct  the  Journal  so  as  to  show  the 
vote  by  which  a  certain  motion  made  by  him  on  yesterday 
was  expunged  from  the  Journal. 

The  President  submitted  the  question  of  entertaining  the 
motion  to  a  vote  of  the  House,  and  the  House  refused  to  en- 
tertain the  motion. 

Mr.  Baker  arose  to  a  question  of  privilege. 

The  President  ruled  that  the  gentleman  was  not  speaking  to 
a  question  of  privilege,  but  was  discussing  the  subject  matter 
just  disposed  of  by  a  vote  of  the  House. 

Mr.  Baker  appealed  from  the  decision  of  the  Chair,  and  said, 
I  see  that  the  Chair  is  determined  to  rule  arbitrarily,  un- 
justly and  unfairly,  and  I  will  take  my  seat." 

Mr.  Malone  asked  that  the  words  just  uttered  by  Mr.  Baker 
be  taken  down,  as  offensive  to,  and  against  the  dignity  of  the 
body  ; 

Which  was  done. 

Mr.  Blount  moved  a  vote  of  censure  against  Mr.  Baker  for 
uttering  the  offensive  words. 

The  question  was  upon  the  vote  of  censure. 
The  words  were  read  as  follows  : 

I  see  that  the  Chair  is  determined  to  rule  arbitrarily,  un- 
justly and  unfairly,  and  I  will  take  my  seat. 

And  Mr.  Baker  stated  that  the  words  were  his  as  recorded. 

Mr.  Baker  then  withdrew  from  the  Hall. 

Mr.  Greeley  moved  that  a  committee  of  five  be  appointed  to 
take  this  matter  into  consideration  and  report  to-morrow. 

Mr.  McClellan  moved  to  lay  the  motion  on  the  table; 

Which  was  agreed  to. 

Mr.  Walker  moved  to  postpone  further  action  until  to- 
morrow ; 

Which  was  not  agreed  to. 

The  question  was  on  the  vote  of  censure. 

On  motion  of  Mr.  Hicks,  further  consideration  of  the  vote 
of  censure  was  postponed  until  to-morrow. 

Mr.  Sanchez  moved  that  the  consideration  of  Article  XI, 


283 


on  Judicial  Department,  on  its  second  reading,  be  made  a  spe- 
cial order  for  Tuesday  next ; 
Which  was  agreed  to. 

The  roll  of  committees  was  called,  and  the  following  re- 
ports submitted : 

Mr.  Love,  Chairman  of  the  Committee  on  Miscellaneous 
Provisions,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  10,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Miscellaneous  Provisions  to 
whom  was  referred — 

Article  ^o.  56,  relative  to  the  boundaries  of  the  State,  beg 
leave  to  report  that  they  have  carefully  considered  the  same 
and  recommend   that   the   accompanying    Article  entitled 
boundaries  "  be  adopted. 

Very  respectfully, 

E.  C.  Love, 

Chairman  of  Committee. 

[No.  56.] 
ARTICLE  I. 
boundaries. 

The  boundaries  of  the  State  of  Florida  shall  be  as  follows  : 
Commencing  at  the  mouth  of  the  river  Perdido  ;  from  thence 
up  the  middle  of  said  river  to  where  it  intersects  the  south 
boundary  line  of  the  State  of  Alabama,  and  the  thirty-first 
degree  of  north  latitude  ;  then  due  east  to  the  Chattahoochee 
river;  then  down  the  middle  of  said  river  to  its  confluence 
with  the  Flint  river ;  from  thence  straight  to  the  head  of  the 
St.  Marys  river ;  then  down  the  middle  of  said  river  to  the 
Atlantic  ocean  ;  thence  southeastward!}^  along  the  coast  to  the 
edge  of  the  Gulf  Stream  ;  thence  soutli westward!  v  along  the 
edge  of  the  Gulf  Stream  and  Florida  Reefs  to  and  including 
the  Tortugas  Islands  ;  thence  northeastwardly  to  a  point 
three  leagues  from  the  mainland  ;  thence  northwe- twardly 
three  leagues  from  the  land,  to  a  point  west  of  the  mouth  of 
the  Perdido  river;  thence  to  the  place  of  beginning. 

Which  was  ordered  spread  on  the  Journal. 

Mr.  Wylly,  Chairman  of  the  Committee  on  Public  Health, 
asked  that  Article  — ,  on  Public  Health,  be  taken  up  on  its 
third  reading ; 

Which  was  agreed  to. 


284 


Article  — ,  on  Public  Health,  was  read  the  third  time,  and 
put  upon  its  passage. 
The  roll  was  called. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bennett,  Bethel,  Blount, 
Broome,  Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  David- 
son, Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gibbs,  Grillis, 
Goodbread,  Greeley,  Green,  Hargret,  Hausman,  Hendley,  Hen- 
derson, Herndon,  Hocker,  Hope,  Humphries,  Ives,  Jones,  Land- 
rum,  Lesley,  Love,  Lutterloh,  Malone,  Mann  Maxwell,  Miller, 
Milton,  Mitchell,  Monsalvatage,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph,  Rich- 
ard, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Taylor,  Ted- 
der, Thompson,  Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr., 
Wall,  Walter,  Weeks,  Wellman,  Whitmire,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — 85. 

Nays — Messrs.  Bell  of  Hamilton,  Fowler,  Hicks  and  Zip- 
perer — 4. 

So  the  Article  — ,  on  Public  Health,  was  passed. 

Mr.  Bethel,  Chairman  of  Committee  on  Legislative  Depart- 
ment, moved  that  Article  IV,  on  Legislative  Department,  be 
put  upon  its  final  passage  ; 

Which  was  agreed  to. 

The  question  was  upon  the  final  passage  of  Article  lY. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bennett,  Bethel,  Blackburn, 
Blount,  Broome,  Bush,  Campbell,  Carter,  Carr,  Carson,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gillis, 
Hatch,  Hausman,  Hendley,  Henderson,  Herndon,  Hicks, Hocker, 
Humphries,  Ives,  Jones,  Landrum,  Love,  Lutterloh,  Malone, 
Marshall,  Maxwell,  Milton,  Monsalvatge,  Morgan,  McClellan, 
McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Randall  of  Duval,  Randell  of  Madi- 
son, Randolph,  Rogers,  Rowe,  Sanchez,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Tompkins,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Wall,  Weeks,  Wellman,  Whitmire,  Wilson  of  Clay, 
Wylly,  Yonge  and  Zipperer — 18. 

Nays — Messrs.  Challen,  Chandler,  Fowler,  Gibbs,  Goss, 
Greeley,  Green,  Hargret,  Hope,  Lesley,  Miller,  Mitchell,  Mc- 
Caskill, Richard,  Thompson,  Walter  and  Wilson  of  Polk  and 
Manatee — 11. 

So  Article  IV,  on  Legislative  Department,  was  passed. 


285 


Article  XYIII,  on  Temperance,  came  up  for  consideration 
on  its  second  reading. 
Section  1  was  read. 

Mr.  Bennett  offered  to  amend  Section  1  as  follows  : 
Strike   out   the  words   "  two^  hundred  "  and  insert  "  one 
fourth."    Strike  out  the  words  "  Within  the  period  of  two 
years  from  holding  each  and  every  one  of  said  elections  ;" 
Which  was  adopted. 

Mr.  Hocker  offered  to  amend  as  follows  : 
In  the  last  line  of  first  section,  insert  the  word  "  within  "  be- 
tween the  words    called  "  and    sixty  ;" 
Which  was  accepted. 

Mr.  Lesley  offered  the  following  amendment : 

Add  after  the  word  "  therein,"  in  sixth  line,  the  words  "  as  a 

beverage  ;" 

Which  was  not  agreed  to.  • 

Mr.  Hendley  offered  to  amend  as  follows  : 

In  line  four,  after  the  word  "  any,"  strike  out  the  word 
county  "  and  insert  the  words  "  election  district  of  any  coun- 
ty ;"  in  same  line  after  the  word  the  "  insert  the  word  "  dis- 
trict." 

Mr.  Humphries  offered  the  following  amendment  to  the 
amendment : 

Add  after  "election  "  in  eleventh  line,  Provided,  That  in- 
toxicating liquors,  either  spirituous,  vinous  or  malt,  shall  not 
be  sold  in  any  election  district  in  which  a  majority  vote  was 
cast  against  the  same  at  the  said  election  ;" 

Which  was  accepted  by  Mr.  Hendley. 

Mr.  Conover  moved  to  postpone  the  further  consideration 
of  Article  18  until  August  9. 

Mr.  Speer  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  then  on  the  amendment  offered  by  Mr. 
Humphries. 

Mr.  Conover  moved  to  amend  the  amendment  as  follows : 
In  line  6,  after  the  word  "malt,"  insert  "except  for  medici- 
nal purposes ;" 

Which  was  not  agreed  to. 

Mr.  Parsons  offered  to  amend  the  amendment  as  follows  : 
Add  "  opium  "  in  all  its  forms  among  the  liquors.    I  don't 
know  where. 

Mr.  Rogers  moved  to  lay  the  amendment  to  the  amendment 
on  the  table  ; 

Which  was  agreed  to. 

The  question  was  again  on  the  adoption  of  the  amendment 
offered  by  Mr.  Humphries  ; 


286 


Which  was  agreed  to  and  the  amendment  was  adopted. 

Mr.  Malone  moved  to  amend  as  follows  : 

In  Section  1  of  Temperance  insert  after  whether,"  in  5th 
line,  the  words  the  sale  of,"  and  strike  out  the  word  "  sold," 
in  6th  line,  and  insert  "  prohibited 

Which  was  agreed  to. 

Mr.  Pelot  offered  the  following  amendment : 

Amend  by  inserting  after  "election,"  in  11th  line  :  "  Pro- 
vided^ That  nothing  herein  contained  shall  be  construed  to 
prevent  alcohol  or  other  stimulant  from  being  dispensed, 
under  proper  regulations  and  restrictions  of  law,  by  druggists, 
upon  the  prescription  of  practicing  physicians,  or  from  its  be- 
ing used  by  druggists  in  medicinal  preparations." 

Mr.  Randolph  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Randolph  offered  the  following  amendment: 
In  2d  line  strike  out  "  two  "  and  insert  "  four  ;" 
Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  Section  1,  Article 
18,  as  amended. 

Mr.  Fowler  offered  the  following  substitute  for  the  Section  : 

The  Legislature  shall,  at  its  first  session  after  the  adoption 
of  this  Constitution,  pass  such  laws  as  are  necessary  to  submit 
to  a  vote  of  the  qualified  electors  of  every  county  or  district 
in  this  State,  the  question  as  to  the  mode  and  manner  of  sell- 
ing or  not  selling  spirituous  or  malt  liquors  in  the  respective 
counties  of  this  State,  and  shall  pass  such  laws  thereafter  as 
may  be  necessary  and  proper  to  regulate  or  restrict  the  liquor 
traffic  in  this  State  by  a  vote  of  the  electors  thereof. 

Mr.  Sheats  moved  to  lay  the  substitute  on  the  table ; 

Which  was  agreed  to. 

Mr.  Monsalvatge  offered  the  following  substitute  : 

The  Legislature  is  hereby  prohibited  forever  from  passing 
any  laws  which  may  in  any  way,  shape  or  form  dictate  to  the  peo- 
ple of  this  State  what  they  shall  eat  or  drink,  but  may  pass 
laws  providing  for  the  punishment  of  drunkenness. 

Mr.  Sheats  moved  to  lay  the  substitute  on  the  table ; 

Which  was  agreed  to. 

Mr.  Goss  offered  the  following  substitute : 

Ordinance  No.  — .  The  Legislature  may  provide  by  law  for 
the  regulation,  restraint  or  prohibition  of  the  manufacture  or 
sale  of  spirituous,  vinous  and  malt  liquors. 

Mr.  Wylly  moved  to  lay  the  substitute  on  the  table ; 

Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  Section  1,  Article 
XYIII,  as  amended. 


287 


The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Blackburn,  Broome, 
Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke  of  Jef- 
ferson, Cook,  Davis,  Duncan,  Earle,  Fowler,  Genovar,  Gibbs, 
Goss,  Greeley,  Green,  Hargret,  Hatch,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Ives,  Johnston,  Lewis,  Lutterloh, 
Malone,  Mann,  Marshall,  Miller,  Morgan,  McCaskill,  McKinnon, 
Odom,  Orman,  Parkhill,  Parsons,  Pelot,  Petty,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Rogers,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Tompkins, 
Turnbull,  Wardsworth,  Wall,  Weeks,  Wellman,  vVestcott, 
Wilson  of  Clay,  and  Wylly— 64. 

Nays — Messrs.  Bell  of  Hamilton,  Blount,  Bush,  Carr, 
Clark  of  Jackson,  Coker,  Conover,  Davidson,  Edge,  Fogarty, 
Gillis,  Goodbread,  Henderson,  Jones,  Love,  Maxwell,  Mon- 
salvatge,  McClellan,  Neel,  Oliveros,  Parker,  Paterson, 
Richard,  Rowe,  Taylor,  Tedder,  Thompson,  Walker,  Jr., 
Whitmire,  Wilson  of  Polk  and  Manatee,  and  Yonge — 31. 

So  the  section  as  amended  was  adopted. 

Section  2  was  read  and  adopted  without  amendment. 

Upon  motion  of  Mr.  Speer,  Article  XYIII  was  passed  as 
amended,  ordered  spread  upon  the  Journal  and  engrossed  for 
a  third  reading.  ... 

ARTICLE  XVIIL 

Section  1.  The  Board  of  County  Commissioners  of  each 
county  in  the  State,  not  oftener  than  once  in  every  two  years, 
upon  the  application  of  one-fourth  of  the  registered  voters  of 
any  county,  shall  call  and  provide  for  an  election  in  the  county 
in  which  application  is  made,  to  decide  whether  the  sale  of  in- 
toxicating liquors,  wines  or  beer  shall  be  prohibited  therein, 
the  question  to  be  determined  by  a  majority  vote  of  those  vot- 
ing at  the  election  called  under  this  section,  which  election 
shall  be  conducted  in  the  manner  provided  by  law  for  holding 
general  elections.  Provided^  That  intoxicating  liquors,  either 
spirituous,  vinous  or  malt,  shall  not  be  sold  in  any  elective  dis- 
trict in  which  a  majority  vote  w:is  cast  against  the  same  at 
the  said  election.  Elections  under  this  section  shall  be  held 
within  sixty  days  from  the  time  of  presenting  said  applica- 
tion, but  if  any  such  election  will  thereby  take  place  within 
sixty  days  of  any  State  or  National  election,  it  shall  be  held 
within  sixty  days  after  any  such  State  or  National  election. 

Sec.  2.  The  Legislature  shall  provide  necessary  laws  to 
carry  out  and  enforce  the  provisions  of  Section  1  of  this 
Article. 


288 


Mr.  Walker,  Jr.,  offered  the  following  resolution,  and  moved 
that  the  rules  be  waived  that  it  might  be  immediately  con- 
sidered : 

Whereas^  There  were  certain  proceedings  of  this  Convention 
on  the  9th  inst.,  which  are  omitted  in  the  Journal  of  that  day^ 
without  it  appearing  from  said  Journal  why  said  proceedings 
were  omitted,  that  a  committee  of  five  be  appointed  to  ascer- 
tain and  report  why  such  proceedings  were  omitted. 

The  question  was  upon  the  waiving  of  the  rules. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Hamilton,  Bennett,  Bethel,  Black- 
burn, Broome,  Bush,  Carr,  Challen,  Chandler,  Conover,  Dun- 
can, Edge,  Fowler,  Gibbs,  Goodbread,  Goss,  Greeley,  Green, 
Hargret,  Henderson,  Herndon,  Hicks,  Hocker,  Lewis,  Marshall, 
Miller,  Monsalvatge,  McCaskill,  McKinnon,  Neel,  Pelot,  Petty, 
Randall  of  Duval,  Rogers,  Rowe,  Sheats,  Tedder,  Thompson, 
Tompkins,  Walker,  Jr.,  Wall,  Wilson  of  Clay  and  Wylly— 43. 

Nays — Messrs.  Blount,  Campbell,  Carter,  Carson,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis, 
Earle,  Fogarty,  Genovar,  Gillis,  Hatch,  Hope,  Humphries,  Ives, 
Johnston,  Jones,  Love,  Lutterloh,  Malone,  Mann,  Morgan,  Mc- 
Clellan,  Odom,  Oliveros,  Orman,  Farkhill,  Paterson,  Randell 
ot  Madison,  Randolph,  Richard,  Scott,  Speer,  Stone,  Swearin- 
gen,  Taylor,  Wadsworth,  Weeks,  Whitmire,  Wilson  of  Polk 
and  Manatee  and  Yonge — 44. 

So  the  motion  was  lost. 

Upon  motion  of  Mr.  Johnston,  the  Convention  took  a  recess 
until  5  o'clock  P.  M.  to-day. 


.  FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bennett,  Bethel,  Blackburn, 
Blount,  Broome,  Bush,  Campbell,  Carter,  Carr,  Challen,  Chan- 
dler, Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green, 
Hargret,  Hatch,  Hendley,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Ives,  Johnston,  Jones,  Landrum, 


289 


Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall, 
Maxwell,  Miller,  Milton,  Mitchell,  Monsalvatge,  Morgan,  Mc- 
Caskill,  McClellan,  McKinnon,  Xeel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall 
of  Duval,  Randell  of  Madison,  Randolph,  Richard, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer.  Stone,  Swear- 
ingen,  Ta^dor,  Tedder,  Tompkins,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Wall,  Weeks,  Wellman,  Whitmire,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wyllj',  Yonge  and  Zip- 
perer — 99. 

A  quorum  present. 

Mr.  Tedder  was  excused  until  Monday  next. 
Article  IX,  on  Etiucation,  came  up  for  consideration  on  its 
second  reading. 

Section  1  was  read  and  adopted  without  amendment. 
Section  2  was  read  and  adopted  without  amendment. 
Section  3  was  read. 

Mr.  Conover  moved  to  amend  by  using  the  words  Super- 
intendent of  Public  Instruction,''  instead  of  State  Superin- 
tendent of  Schools  ;" 

Whicli  was  agreed  to,  and  the  section  was  adopted  as 
amended. 

Section  4  was  read  and  adopted  witiiout  amendmen".     -  , 
Section  5  was  read  and  adopted  without  amendment. 
Section  6  was  read  and  adopted  without  amendment. 
Section  7  was  read. 

Mr.  Parsons  offered  to  amend  as  follows : 
Strike  out    twent3'-one  "  and  insert  "  sixteen  "  in  line  3. 
Mr.  Coker  offered  the  following  amendment  to  the  amend- 
ment : 

Strike  out  -  16"  and  insert  "  18.  " 

Mr.  Johnston  moved  to  lay  the  amendment  to  the  amend- 
ment, and  the  amendment,  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Blount  offered  the  following  amendment : 

Strike  out  the  words  "and  the  special  tax." 

Mr.  Marshall  moved  to  lay  the  amendment  on  the  table ; 

Which  was  agreed  to. 

Section  7  was  then  adopted  as  read. 

Section  8  was  read. 

Mr.  Randell,  of  Madison,  offered  the  following  amendment: 

In  line  2,  strike  out  "  three  "  and  insert  "  two." 

Mr.  Ta\dor  moved  as  a  substitute  for  the  amendment,  to 
strike  out  "  five  "  and  insert  "  three,"  strike  out  "  three  "  and 
insert one  ;  " 

Which  was  accepted  by  Mr.  Randell. 


19 


290 


Mr.  Land  rum  offered  to  amend  the  amendment  as  follows  : 
Strike  out  "  three  "  and  insert  "  two  and  a  half  mills  ;" 
Which  was  withdrawn. 

Mr.  Clarke,  of  Jefferson,  moved  to  strike  out  "  3  "  and  insert 
1,"  and  strike  out    5  "  and  insert  "  3." 
Mr.  Turnbull  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Randell,  of  Madison,  renewed  his  amendment  as  fol- 
lows : 

In  line  2  strike  out     3  "  and  insert    2  ;" 

Which  was  laid  upon  the  table.  : 

Mr.  Scott  olTered  to  amend  as  follows : 

Add  to  the  Section  8,  Provided^  a  majority  of  the  freehold- 
ers shall  be  in  favor  of  such  assessment. 

Upon  motion,  the  amendment  was  laid  on  the  table. 

Mr.  Stone  moved  to  amend  as  follows  : 

Strike  out  "3  "  and  insert  "  not  to  exceed  4  mills." 

Mr.  J ohnston  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Malone  offered  the  following  substitute  : 

Sectiox  8.  Each  county  shall  be  required  to  assess  and  col- 
lect annually  a  tax  on  all  of  the  taxable  property  therein,  for 
the  support  of  the  public  schools  therein. 

Upon  motion,  the  substitute  was  laid  upon  the  table. 

Section  8  was  then  passed. 

Mr.  Orman,  Chairman  of  the  Committee  on  Homestead  Ex- 
emptions, obtained  leave  and  submitted  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  10,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Homestead  and  Exemptions  to 
whom  was  recommitted  Article  VI,  as  previously  reported  by 
them,  and  to  whom  was  also  referred  amendments  to  sections 
2  and  3  of  said  Article  by  Mr.  Blackburn,  of  Suwannee,  and 
amendments  thereto  by  Mr.  McClellan,  of  Jackson,  and  also  an 
amendment  by  Mr.  Hargret,  of  Wakulla,  now  respectfully  re- 
fer said  amendments  back  to  the  Convention,  and  recommend 
that  they  be  laid  on  the  table. 

We  also  herewith  report  a  new  Article  ^^I,  prepared  by  us  in 
accordance  with  the  views  of  this  Convention  as  expressed  by 
the  majority  on  voting  on  the  propositions  offered  by  Mr.  Ran- 
dall, of  Duval,  and  recommend  its  adoption  by  the  Convention. 
Very  respectfully, 
^  W.  T.  Orman, 

"   '  Chairman  of  Committee. 


291 


ARTICLE  YI. 

HOMESTEAD  AND  EXEMPTIONS. 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  land,  or  the  half  of  one  acre  within  the  limits  of 
an}^  incorporated  city  or  town,  owned  by  the  head  of  a  family 
residing  in  this  State,  together  with  one  thousand  dollars  worth 
of  personal  property,  and  the  improvements  on  the  real  estate, 
shall  be  exempt  from  forced  sale  under  process  of  any  court, 
and  the  real  estate  shall  not  be  alienable  without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists.  But 
no  propert}^  shall  be  exempt  from  sale  for  taxes  or  assessments, 
or  for  the  payment  of  obligations  contracted  for  the  purchase  of 
said  propert}^,  or  for  the  erection  or  repair  of  improvements  on 
the  real  estate  exempted,  or  for  house,  field  or  other  labor 
performed  on  the  same.  The  exemption  herein  provided  for 
in  a  city  or  town  shall  not  extend  to  more  improvements  or 
buildings  than  the  residence  and  business  house  of  the  owner  ; 
and  no  judgment  or  decree  or  execution  shall  be  a  lien  upon 
exempted  property  except  as  provided  in  this  Article. 

Sec.  2.  The  exemptions  here  provided  for  in  section  one 
shall  inure  to  the  widow  and  heirs  of  the  party  entitled  to 
such  exemption,  and  shall  appl}^  to  all  debts,  except  as  speci- 
fied in  said  section. 

Sec.  3.  The  exemptions  provided  for  in  the  Constitution  of 
this  State  adopted  in  1868  shall  apply  as  to  all  debts  con- 
tracted and  judgments  rendered  since  the  adoption  thereof  and 
prior  to  the  adoption  of  this  Constitution. 

Sec.  4.  Nothing  in  this  article  shall  be  construed  to  prevent 
the  holder  of  a  homestead  from  alienating  his  or  her  homestead 
so  exempted  b}'  deed  or  mortgage  duly  executed  b}^  himself  or 
herself,  and  by  husband  and  wife,  if  such  relation  there  be. 

Sec.  5.  The  Legislature  shall  enact  such  laws  as  may  be 
necessary  to  enforce  the  provisions  of  this  Article. 

Which  was  received  and  ordered  spread  upon  the  Journal. 

Upon  motion  of  Mr.  Sheats,  the  Convention  adjourned  until 
9  o'clock  A.  M.,  to-morrow. 


292 


TWENTY-SEVENTH  DAY. 


SATURDAY,  July  IK  1885. 

The  Convention  met  pursuant  to  adjournmeni. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton,  Bennett, 
Blackburn,  Blount,  Broome,  Bu>;h,  Carter,  Carson,  Challen, 
Chandler,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hend- 
ley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lut- 
terloh,  Malone,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell, 
Monsalvatge,  Morgan,  McCaskill,  McClellan,  McKinnon, 
Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Pater- 
son,  Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Swearingen,  Taylor,  Thompson,  Tompkins,  TurnbuU, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  West- 
cott,  Whitmire,  Wilson  of  Clay, Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — 96. 

A  quorum  present. 

Prayer  b}^  the  Chaplain. 

Mr.  Mitchell  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

Mr.  Walker,  Jr.,  moved  to  correct  the  Journal  as  follows  : 

The  President  refused  to  put  the  motion,  except  by  consent 
of  the  House,  stating  that  the  House  decided  yesterday  to  ex- 
clude the  matter  from  the  Journal.  Mr.  Baker  then  moved  to 
submit  the  question  of  entertaining  the  motion  to  a  vote  of  the 
House.  The  yeas  and  nays  were  called  for,  and  the  Chair  re- 
fused to  entertain  the  call. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Bush,  Carr,  Chal- 
len, Chandler,  Conover,  Fowler,  Gibbs,  Goss,  Greeley,  Har- 
gret, Lewis,  Miller,  Mitchell,  Petty,  Randall  of  Duval, 
Thompson,  Tompkins,  Walker,  Jr.,  Walter  and  Zipperer — 23. 


293 


Xays — Messrs.  Blackburn,  Blount,  Campbell,  Carter,  Clarke 
of  Jefferson.  Clark  of  Jackson,  Coker,  Cook.  Davidson,  Da^is, 
Duncan,  Earle.  Edge.  Fogarty,  Grenovar,  GlUis,  Goodbread, 
Green,  Hatch,  Hendley,  Henderson,  Herndon,  Hocker, 
Humphries,  Ives,  Johnston,  Jones,  Lesley,  Love,  Lutterloh, 
Malone,  Marshall,  Maxwell,  Milton,  Monsalvatge,  Morgan,  Mc- 
Caskill,  McClellan,  Xeel,  Odom,  Oliveros,  Orman,  Parker.  Park- 
hill,  Parsons,  Paterson,  Pelot,  Randell  of  Madison.  Randolph, 
Richard,  Rogers,  Scott.  Sheats,  Speer.  Stone,  Sweari'igen, 
Taylor.  Turnbull.  Wadsworth,  Wall,  "Weeks,  Wellman  West- 
cott,  Whitmire.  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly  and  Yonge — 67.  •  • 

So  the  motion  was  not  agreed  to. 

The  Journal  was  corrected  and  approved. 

On  motion  of  Mr.  Challen  Hon.  D.  C.  Dawkins  was  invited 
to  a  seat  within  the  bar. 

On  motion  of  Mr.  Walker.  Jr.,  Mayor  C.  C.  Pearce  was  in- 
vited to  a  seat  within  the  bar. 

On  motion  of  Mr.  Walter  the  Honorable  Postmaster  of 
Tallahassee  was  also  invited  to  a  seat  within  the  bar. 

The  resolution  otfered  by  Mi'.  Walker.  Jr.,  on  yesterday  as 
follows : 

Whereas.  There  were  certain  proceedings  of  this  Conven- 
tion on  the  ninth  instant,  which  are  omitted  in  the  Journal 
of  that  day,  without  it  appearing  from  said  Journal  why 
said  proceedings  were  omitted,  that  a  committee  of  five  be 
appointed  to  ascertain  and  report  why  such  proceedings  were 
omitted. 

Came  up  for  consideration. 

Mr.  Monsalvatge  offered  the  following  resolution  as  a  sub- 
stitute : 

Whereas,  It  is  supposed  that  certain  proceedings  of  this 
Convention  on  the  9th  inst.  were  omitten  in  the  Journal  of 
that  day,  without  it  appearing  from  said  Journal  why 
said  proceedings  were  omitted,  that  a  committee  of  five  be 
appointed  to  ascertain  and  report  if  any  proceedings  have  been 
omitted,  and  why  they  were  omitted  ; 

Which  was  accepted  b\'  Mr.  Walker,  Jr. 

Mr.  Yonge  offered  the  following  substitute : 

Whereas  The  Journals  of  the  proceedings  of  this  Conven- 
tion, as  kept  and  corrected  under  its  rules  and  supervision  are 
correct,  that  there  exists  no  necessit}'  foranv  investigation  by 
a  committee  or  otherwise,  as  contemplated  by  the  resolution 
by  the  gentleman,  ^Ir.  Walker.  Jr. 

Mr.  Chandler  raised  the  point  of  order  that  the  substitute 
"Was  not  germane. 


294 


The  President  overruled  the  point  of  order. 

Mr.  Walker,  Jr.,  moved  to  lay  the  substitute  on  the  table. 

Th3  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas— Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Bush, 
Carr,  Challen,  Chandler,  Conover,  Fowler,  Gibbs,  Goodbread, 
Goss,  Greeley,  Hargret,  Hicks,  Ives,  Lewis,  Miller,  Mitchell, 
Monsalvatge,  McCaskill,  McKinnon,  Pelot,  Petty,  Randall  of 
Duval,  Rogers,  Thompson,  Tompkins,  Walker,  Jr.,  Walter  and 
Zipperer — 32. 

Nays — Messrs.  Blount,  Campbell,  Carter,  Carson,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Green,  Hatch, 
Hendley,  Henderson,  Hocker,  Humphries,  Johnston,  Jones, 
Lesley,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell,  Milton, 
Morgan,  McClellan,  Neel,  Odom,  Oliveros,  Orman,  Parkhill, 
Parsons,  Paterson,  Randell  of  Madison,  Randolph,  Richard, 
Rowe,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Turn- 
bull,  Wadsworth,  Wall,  Weeks,  Wellman,  Whitmire,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — 60. 

So  the  motion  to  lay  on  the  table  was  not  agreed  to. 

Mr.  Yonge  moved  that  the  substitute  be  adopted  and  moved 
the  previous  question. 

The  question  was,  "  Shall  the  previous  question  be  put  ?" 

Which  was  agreed  tu,  and  the  previous  question  was  or- 
dered. 

The  question  was  upon  the  adoption  of  the  substitute  offered 
by  Mr.  Yonge. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Blount,  Campbell  Carter,  Carson,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Green,  Hatch, 
Hendley,  Henderson,  Herndon,  Hocker,  Humphries,  John- 
ston, Jones,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Milton,  Morgan,  McCaskill,  McClellan,  Neel,  Odom,  Oliveros, 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Randell  of  Madi- 
son, Randolph,  Richard,  Scott,  Sheats,  Speer,  Stone,  Swear- 
ingen, Taylor,  Turnbull,  Wadsworth,  Weeks,  Wellman,  Whit- 
mire, Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly 
and  Yonge — 60. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Broome, 
Bush,  Carr,  Challen,  Chandler,  Conover,  Fowler,  Gibbs,  Good- 
bread,  Goss,  Greeley,  Hargret,  Ives,  Lesle}^,  Lewis,  Miller, 
Mitchell,  Monsalvatage,  McKinnon,  Pelot,  Petty,  Randall 
of  Duval,  Rogers,  Rowe,  Thompson,  Tompkins,  Walker,  Jr., 
Walter  and  Zipperer — 32. 


295 


So  the  substitute  was  adopted. 

Mr.  Blount  called  up  the  motion  made  by  him  j'esterday 
that  a  vote  of  censure  be  taken  against  Mr.  Baker,  of  Xassau, 
for  offensive  words  used  by  him. 

Mr.  Baker  withdrew  from  the  Hall. 

Mr.  Walker,  Jr.,  offered  the  following  substitute  for  the  mo- 
tion : 

Whereas^  The  words  used  by  the  gentleman  from  Nassau 
are  not  in  themselves  objectionable,  and  can  only  be  made  so 
by  it  appearing  that  the  assertion  contained  in  said  words  is 
false  ;  therefore,  be  it 

Besolved,  That  the  gentleman  cannot  be  censured,  as  the 
House  has  refused  to  investigate. 

Mr,  Blount  moA'ed  to  lay  the  substitute  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bennett,  Blackburn,  Blount.  Broome.  Camp- 
bell, Carter,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Cook.  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Genovar,  Gillis.  Goodbread,  Green,  Hendley.  Henderson.  Hern- 
don,  Hicks,  Hocker.  Humphries,  Ives,  Johnston.  Jones,  Lesley, 
Love,  Lutterloh,  Malone,  Marshall,  ^laxwell,  Milton,  Monsal- 
vatge,  Morgan,  McCaskill,  McClellan,  McKinnon,  Xeel,  Odom, 
Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Randellof  Madison,  Randolph.  Richard,  Rogers,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Turnbull,  Wadsworth, 
Weeks,  Wellman.  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly,  Yonge  and  Zipperer — 71. 

Nays — Messrs.  Bell  of  Hamilton,  Carr,  Challen.  Chandler, 
Conover,  Fowler.  Gibbs,  Goss,  Greele}',  Hargret,  Lewis,  Mil- 
ler, Mitchell,  Petty,  Randall  of  Duval,  Rowe,  Thompson,  Tomp- 
kins, Walker,  Jr.,  and  Walter — 20. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr. 'Blount  moved  the  vote  of  censure  and  called  the  pre- 
vious question. 

The  question  was.  Shall  the  main  question  be  now  put  ? 

Which  was  agreed  to,  and  the  previous  question  was  or- 
dered. 

The  question  was  on  f  .e  vote  of  censure  against  Mr.  Baker, 
of  Nassau. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Blackburn,  Blount,  Broome,  Campbell,  Car- 
ter, Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Geno- 
var, Gillis,  Henley,    Henderson,  Herndon,   Hicks,  Hocker, 


296 


Humphries,  Ives,  Johnston,  Jones  Lesley,  Love,  Lur- 
tterloh,  Malone,  Marshall,  Maxwell,  Milton,  Morgan, 
McCaskill,  McClellan,  Neel,  Odom,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval, 
Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Turn- 
bull,  Wadsworth,  Weeks,  Wellman,  Whitmire,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — 66. 

Nays — Messrs.  Bell  of  Hamilton,  Bush,  Carr,  Challen, 
Chandler,  Conover,  Fowler,  Gibbs,  Good  bread,  Goss,  Greeley, 
Green,  Hargret,  Lewis,  Miller,  Mitchell,  Monsalvatge,  Mc- 
Kinnon,  Oliveros,  Petty,  Thompson,  Tompkins,  Walker,  Jr., 
Walter  and  Zipperer — 25. 

So  the  vote  of  censure  was  passed. 

Mr.  Randall,  of  Duval,  gave  notice  that  he  would  on  Mon- 
day move  a  reconsideration  of  the  vote  just  taken. 

The  roll  of  committees  was  called  and  the  following  reports 
submitted : 

Mr.  Lesley,  Chairman  of  the  Committee  on  Private  Corpo- 
rations, made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  11,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Private  Corporations  to  whom 
was  referred — 

Various  Articles  and  Resolutions  relating  to  private  corpo- 
rations have  considered  with  careful  interest  each  and  every 
Article  and  Resolution  herewith  returned,  and  respectfully 
recommend  that  the  accompanying  Article,  entitled  Private 
Corporations,  be  adopted. 

Very  respectfully, 

John  T.  Lesley, 
J  Chairman  of  Committee. 

Which  was  received. 

ARTICLE  NO.  — . 

PRIVATE  CORPORATIONS. 

Section  1.  The  Legislature  is  invested  with,  full  power  to 
pass  laws  to  correct  abuses  and  prevent  unjust  discrimination 
and  excessive  charges  by  persons  and  corporations  engaged  as 
common  carriers  in  transporting  persons,  property,  power  and 
messages,  or  performing  other  service  of  a  public  nature,  and 
shall  provide  for  enforcing  such  laws  by  adequate  penalties  or 
forfeitures. 


297 


Sec.  2.  Xo  railroad  or  other  transportation  company  in  the 
State  shall  grant  a  free  pass,  or  discount  the  fare  paid  b}'  the 
public  generally,  to  an}'  member  of  the  Legislature,  or  to  any 
officer  holding  office  under  this  State,  and  the  Legislature  shall 
prohibit  the  granting  or  receiving  such  free  pass,  or  fare  at 
a  discount,  by  suitable  penalties. 

Mr.  Challen  offered  the  following  minority  report : 

CoNTENTiox  Hall,  Tallahassee,  Fla.,  July  11,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  The  undersigned,  members  of  the  Committee  on  Pri- 
Tate  Corporations,  beg  leave  to  submit  as  their  report  the 
accompanj'ing  Article. 

Terj  respectfully, 

James  R.  Challen, 
Amos  Hargset. 
Which  was  also  received,  and  200  copies  of  the  Articles  ac- 
companying each  report  ordered  printed. 

ARTICLE  XO.  — : 

PRIVATE  CORPORATIONS. 

Section  1.  The  Legislature  shall  pass  no  special  act  con- 
ferring corporate  powers. 

Sec.  2.  Corporations  may  be  formed  under  general  laws  ;  but 
all  such  laws  may  from  time  to  time  be  altered  or  repealed. 

Sec  3.  All  existing  charters  or  grants  of  special  or  exclu- 
sive privileges  under  which  a  bona  lide  organization  shall  not 
have  taken  place,  and  business  been  commenced,  at  the  time  of 
the  adoption  of  this  Constitution,  shall  thereafter  have  no 
validit}'. 

Sec.  4.  The  Legislature  shall  not  remit  the  forfeiture  of  the 
charter,  grant  or  franchise  of  any  corporation  now  existing, 
or  alter  or  amend  the  same,  or  pass  an\'  other  general  or  spe- 
cial law  for  the  benefit  of  such  corporation,  except  upon  condi- 
tion that  such  corporation  shall  thereafter  hold  it<  charter  sub- 
ject to  the  provisions  of  this  Constitution. 

Sec.  5.  The  stockholders  of  all  corporations  created  by  the 
laws  of  this  State  shall  be  liable  for  the  indebtedness  of  such 
corporations  to  the  amount  of  their  stock  subscribed  and  un- 
paid and  no  more  ;  provided  that  the  liability  of  stockholders 
of  banks  and  banking  institutions  may  be  increased  and  en- 
larged by  the  Legislature. 

Sec.  6.  The  directors  of  a  corporation  shall  be  chosen  at  one 
time  by  general  ticket  at  elections  for  directors,  each  share- 


298 


holder  shall  have  as  many  votes  as  the  number  of  shares  held 
by  him  multiplied  by  the  number  of  directors  to  be  chosen, 
and  may  cast  all  his  votes  for  one  candidate  or  distribute 
them  as  he  sees  fit. 

Sec.  No  property  shall  be  appropriated  to  the  use  of  a 
corporation  until  full  compensiition  therefor  be  first  made  in 
money,  or  first  secured  by  a  deposit  of  money,  to  the  owner, 
irrespective  of  any  benefit  from  any  improvement  proposed  by 
such  corporation,  which  compensation  shall  be  ascertained  by 
a  jury  of  twelve  men  in  a  court  of  record  as  may  be  prescribed 
by  law. 

Sec.  8.  The  exercise  and  claim  of  the  right  of  eminent  do- 
main by  any  corporation  shall  constitute  the  domain  occupied 
and  used  by  such  corporation  a  public  highway,  and  the 
property  and  franchises  of  such  corporations  may  be  subjected 
to  public  use  by  the  Legislature,  which  may  also  correct  abuses 
by  such  companies,  prevent  unjust  discriminations  and  protect 
the  just  rights  of  the  public  by  laws  with  adequate  penalties 
and  forfeiture. 

Sec.  9.  No  company  operating  a  public  highway  shall  con- 
solidate with  any  other  having  a  line  parallel  or  competing 
with  its  own  ;  or  lease,  purchase  or  control  such  line  ;  and  no 
officer  of  such  company  shall  act  as  an  officer  of  any  other 
company  owning  or  controlling  a  parallel  or  competing  line, 
and  no  such  company  shall  do  business  in  this  State  which 
shares  its  earnings  in  any  manner  with  a  company  owning  or 
controlling  a  parallel  or  competing  line  within  this  State. 

Sec.  10.  No  corporation  shall  issue  stocks  or  bonds  except 
for  money  or  property  actually  received,  or  labor  done ;  and 
all  fictitious  increase  of  stock  or  indebtedness  shall  be  void. 
The  capital  stock  of  corporations  may  be  increased  hy  giving 
at  least  sixty  days  public  notice  pursuant  to  laws  to  be  en- 
acted. 

Sec.  11.  The  issue  of  bills,  notes,  or  other  paper  which  may 
circulate  as  money  is  prohibited  unless  by  vote  of  the  people 
at  a  general  election  the  same  shall  be  authorized  and  ap- 
proved by  a  majority  of  the  voters  at  such  election  ;  and  the 
redemption  of  such  paper  shall  be  fully  secured  by  the  de- 
posit of  coin  or  bullion,  or  such  securities  of  the  United 
States  or  of  this  State  as  may  be  prescribed  by  law. 

Sec.  12.  No  foreign  corporation  shall  carry  on  the  business 
of  common  carriers,  or  upon  public  highwaj^s,  as  managers,  ope- 
rators or  owners  of  any  easement  thereon,  nor  engage  in 
mining,  manufacturing  or  insurance  in  this  State,  except 
while  it  maintains  here  an  office  where,  or  on  the  person  in 


i 


299 


charge  of  which,  process  may  be  served  in  any  action  or  legal 
proceeding  instituted  against  it. 

Sec.  13.  The  provisions  of  this  Article  shall  apply  to  foreign 
as  well  as  domestic  companies,  wherever  applicable,  and  the 
words  companies  or  corporations  shall  include  joint  stock  and 
all  other  coucerns  having  rights  and  powers  other  than  those 
of  partnerships  or  individuals. 

Mr.  Love,  Chairman  of  the  Committee  on  Miscellaneous 
Provisions,  made  the  following  report : 

Convention  Hall,  ) 
Tallahassee,  Fla.,  July  11,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Miscellaneous  Provisions,  to 
whom  was  referred — 

Article  XVI  of  the  present  Constitution,  Article  Xo.  XLI,  by 
Mr.  Bennett,  of  Sumter,  Article  Xo.  XLYII,  by  Mr.  Blount,  of 
Escambia,  Article  Xo.  LXII,  by  Mr.  Maxwell,  of  Escambia,  Ordi- 
nance Xo.  LXVII,  by  Mr.  Mitchell,  of  Leon,  Resolution  Xo. 
LIY,  by  Mr.  Miller,of  Marion,  Article  Xo.  LYIII,  by  Mr.  Yonge, 
of  Escambia,  Article  Xo.  LIX,  by  Mr.  Walker,  Jr.,  of  Leon, 
Article  Xo.  LX,  b_y  Mr.  Milton,  of  Jackson,  Article  Xo.  LXX, 
by  the  Convention,  Article  Xo.  XXXII,  by  Mr.  Speer,  of 
Orange,  Article  Xo.  LYI,  bv  Mr.  Wall,  of  Hillsborough,  Sec- 
tion 20,  by  Mr,  Randall,  of  Duval,  in  relation  to  release  to 
riparian  owners.  Article  in  relation  to  duelling,  Article  in 
relation  to  tenure  of  office.  Article  defining  felony,  Section 
in  relation  to  protection  of  timber  and  forests.  Article  in  re- 
lation to  drainage,  Article  in  relation  to  franchise.  Article  in 
relation  eminent  domain,  by  Mr.  Challen,  of  Duval,  respect- 
fully report  that  they  have  carefully  examined  the  same,  and 
have  incorporated  in  an  Article  herewith  reported  such  parts 
and  portions  of  the  matter  above  referred  to  as  your  committee 
deemed  proper  to  become  a  part  of  the  organic  law  of  the 
State,  and  herewith  return  all  of  said  Articles,  Ordinances  and 
Resolutions  to  be  disposed  of  in  such  manner  as  the  Conven- 
tion shall  direct. 

Your  committee  respectfully  recommend  the  adoption  of  the 
accompany  Article,  entitled  Miscellaneous  Provisions,  as  a 
substitute  for  the  matter  above  referred  to. 

Yery  respectfull}', 

E.  C.  Love,  Chairman  Committee. 

Which  was  received,  and  200  copies  of  the  accompanying 
Article  ordered  printed. 


300 


ARTICLE  XYI. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  The  Seat  of  Government  shall  be  and  remain 
permanent  in  the  City  of  Tallahassee,  in  the  County  of  Leon, 
until  otherwise  located  by  a  two-thirds  vote  of  the  Legisla- 
ture and  by  a  majority  vote  of  the  qualified  electors  of  the 
State. 

Sec.  2.  Each  and  every  officer  of  this  State,  including  the 
members  of  the  Legislature,  shall,  before  entering  upon  the 
discharge  of  his  official  duties,  take  the  following  oath  of 
office :  I  do  solemnly  swear  that  I  will  support,  protect  and 
defend  the  Constitution  and  Government  of  the  United  States 
and  ot  the  State  of  Florida;  that  I  am  duly  qualified  to  hold 
office  under  the  Constitution  of  the  State,  and  that  I  will  well 

and  faithfully  perform  the  duties  of   ,  on  which  I  am 

now  about  to  enter,  so  help  me  God. 

Sec.  3.  The  salary  of  each  officer  shall  be  payable  quarterly 
upon  his  own  requisition. 

Sec  4.  All  county  officers  shall  hold  their  respective  offices, 
and  keep  their  official  books  and  records,  at  the  county  seats 
of  their  counties^. 

Sec.  5.  The  Legislature  may  provide  for  the  donation  of 
the  public  lands  to  actual  settlers,  but  such  donation  shall  not 
exceed  eigh'y  acres  to  any  one  person. 

Sec.  6.  The  Legislature  shall  provide  for  the  speedy  pub- 
lication and  distribution  of  all  statutes  and  laws  of  a  general 
nature.  All  decisions  of  the  Supreme  Court  and  all  laws  and 
judicial  decisions  shall  be  free  for  publication  by  any  person. 
But  no  judgment  of  the  Supreme  Court  shall  take  effect  and 
be  operative  until  the  opinion  of  the  Court  in  such  case  shall 
be  filed  with  the  clerk  of  said  Court. 

Sec  7.  The  Legislature  shall  not  create  any  office  the 
term  of  which  shall  be  longer  than  four  years. 

Sec  8.  A  plurality  of  votes  given  at  an  election  shall  con- 
stitute a  choice  when  not  otherwise  provided  by  this  Consti- 
tution. 

Sec  9  In  all  criminal  prosecutions  in  the  name  of  the 
State,  where  the  defendant  is  insolvent  or  discharged,  the 
fetate  shall  pay  the  legal  cost  and  expenses,  including  the  fees 
of  officers. 

Sec  10.  The  Governor,  Supreme  Court  and  all  the  adminis- 
trative officers  shall  keep  tlieir  offices  at  the  Seat  of  Govern- 
ment. But  in  case  of  insurrection  or  violent  epidemics  the 
Governor  may  direct  that  the  offices  of  the  government  shall 


301 


be  removed  temporarily  to  some  other  place.  The  sessions  of 
the  Legislature  may  be  adjourned  for  the  same  cause  to  some 
other  place,  but  in  case  of  such  removal  all  the  departments  of 
the  government  shall  be  removed  to  one  place.  But  such  re- 
moval shall  not  continue  longer  than  the  necessity  for  the  same 
shall  continue. 

Sec.  11.  In  all  cases  where  a  general  law  can  be  made  appli- 
cable no  special  law  shall  be  enacted,  nof  shall  the  operation  of 
any  general  law  be  suspended  by  the  Legislature  for  the  bene- 
fit of  any  particular  individual,  corporation  or  association. 

Sec.  12.  No  extra  compensation  shall  be  made  to  any  offi- 
cer, agent,  employe,  or  contractor  after  the  service  shall  have 
been  rendered  or  the  contract  made  ;  nor  shall  any  money  be 
appropriated  or  paid  on  any  claim,  the  subject  matter  of  which 
shall  not  have  been  provided  for  by  pre-existing  laws,  unless 
such  compensation  or  claim  be  allowed  by  bill  passed  by  two- 
thirds  of  the  members  elected  to  each  branch  of  the  Legisla- 
ture. 

Sec.  13.  The  present  seal  of  the  State  shall  be  and  remain 
the  ^eal  of  the  btate  of  Florida,  and  shall  be  kept  and  used  as 
provided  in  this  Constitution  ;  and  the  present  Staie  emblem 
shall  be  and  remain  the  State  Emblem  of  the  State  of  Florida. 

Sec.  14.  The  sureties  upon  tlie  official  bonds  of  all  the  State 
officers  shall  be  residents  of  and  have  sufficient  visible  prop- 
erty, unincumbered,  within  the  State  not  exempt  from  sale 
under  legal  process,  to  make  good  their  bonds  ;  and  the  sure- 
ties upon  the  official  bonds  of  all  count}^  officers  shall  reside 
within  the  counties  where  such  county  officers  reside,  and  have 
sufficient  visible  property  therein,  unincumbered,  and  not 
exempt  from  sale  under  legal  process,  to  make  good  their 
bonds. 

Sec.  15.  The  official  bonds  of  the  Sheriffs,  Clerks  of  the 
Circuit  Courts,  Assessors  of  Taxes  and  Collectors  of  Revenue 
of  the  several  counties  of  the  State  shall  be  approved  by  the 
State  Comptroller  before  such  officers  shall  enter  upon  the 
discharge  of  their  respective  duties. 

Sec.  16.  All  State,  county  and  municipal  officers  shall  con- 
tinue in  office,  after  the  expiration  ot  their  official  terms,  until 
their  successors  are  duly  qualified. 

Sec.  11.  No  person  holding  or  exercising  the  fuctions  of 
any  office  under  any  foreign  government,  under  the  govern- 
ment of  the  United  States,  or  under  any  other  State,  shall  hold 
any  office  of  honor  or  profit  under  the  government  of  this 
State ;  and  no  person  shall  hold  or  perform  the  functions  of 
more  than  one  office  under  the  government  of  this  State  at  the 
same  time;  Provided^  Notaries  Public,  Militia  officers.  County 


302 


School  officers  and  Commissioners  of  Deeds,  may  be  elected  or 
appointed  to  fill  any  Legislative,  Executive  or  Judicial  office. 

Sec.  18.  The  property  of  all  corporations,  whether  hereto- 
fore or  hereafter  incorporated,  shall  be  subject  to  taxation,  un- 
less such  propert}^  be  held  and  used  exclusively  for  religious, 
scientific,  educational  or  charitable  purposes. 

Sec.  19.  No  person  shall  hold  any  office  of  trust  or  profit  un- 
der the  laws  of  this  State  without  devoting  his  personal  atten- 
tion to  the  duties  of  the  same. 

Sec.  20.  The  Legislature  shall  provide  for  deductions  from 
the  salaries  of  public  offices  who  m  My  neglect  the  performance 
of  any  duty  that  may  be  assigned  them  by  law. 

Sec.  21.  No  railroad  corporation,  or  the  lessees  or  managers 
theerof,  shall  consolidate  its  stock,  property  or  franchises  with 
any  other  railroad  corporation  owning  or  having  under  its  con- 
trol, a  parallel  or  competing  line. 

Sec.  22.  The  Legislature  shall  pass  all  necessary  laws  to 
correct  abuses  and  prevent  unjust  discrimination  and  exces- 
sive charges  by  railroad,  canal  and  steamboat  companies  for 
transporting  freight  and  passengers,  and  shall  provide  for  en- 
forcing such  laws  by  adequate  penalties  and  forfeitures. 

Sec.  23.  No  Convention  or  Legislature  of  this  State  shall 
act  upon  any  amendment  of  the  Constitution  of  the  United 
States,  proposed  by  Congress  to  the  several  States,  unless 
such  Convention  or  Legislature  shall  have  been  elected  after 
such  amendment  is  submitted. 

Sec.  24.  No  minister  of  the  gospel  shall  be  eligible  to  the 
office  of  Governor,  Senator  or  Member  of  the  House  of  Rep- 
resentatives of  this  State. 

Sec.  25.  The  Governor,  or  any  State  officer,  is  hereby  pro- 
hibited from  giving  certificates  of  election,  or  other  creden- 
tials, to  any  person  as  having  been  elected  to  the  House  of 
Representatives  of  the  United  States  Congress,  or  the  United 
States  Senate,  who  has  not  been  five  years  a  citizen  of  the 
State  and  ten  years  a  citizen  of  the  United  States,  and  a  qual- 
ified voter. 

Sec.  26.  Certified  copies  of  deeds  and  mortgages  of  real 
estate  which  shall  have  been,  or  shall  hereafter  be  duly  re- 
corded according  to  law,  shall  be  admitted  in  evidence  in  all 
the  courts  of  this  State,  and  have  like  force  and  effect  as  the 
original;  Promded^  It  shall  be  made  to  appear  that  the  origi- 
nal deed  or  mortgage  is  not  in  the  knowledge,  custody  or  con- 
trol of  the  party  offering  the  copy. 

Sec.  2t.  The  Legislature  shall  provide  by  proper  legislation 
for  giving  to  mechanics  and  laborers  an  adequate  lien  on  the 
subject  matter  of  their  labor. 


303 


Sec.  28.  No  soldier  shall  in  time  peace  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but 
in  the  manner  prescribed  by  law. 

Sec.  29.  Xothing  contained  in  this  Constitution  shall  be  so 
construed  as  to  impair  the  validity  of  any  debts  or  contracts, 
or  any  rights  of  property  or  an}^  suits,  actions,  rights  of 
action  or  other  proceedings,  civil  or  criminal,  in  the  courts  of 
this  State. 

Sec.  30.  All  marriages  between  a  white  person  and  a  negro, 
or  between  a  white  person  and  a  person  of  negro  descent,  to  the 
fourth  generation  inclusive,  are  hereb}^  forever  prohibited. 

Sec.  81.  The  Legislature  may  prevent  by  law  the  giving  or 
granting  of  free  passes  by  railroad  or  other  transportation  com- 
panies to  any  officer  of  this  State,  legislative,  executive  or  ju- 
dicial. 

Sec.  32.  The  term  felony,  wherever  it  ma\^  occur  in  this  Con- 
stitution or  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  olfence  punishable  with  death  or  imprisonment  in 
the  State  Penitentiary. 

Sec.  33.  The  Legislature  shall  have  the  power  to  enact  such 
fence  laws,  applicable  to  any  county  or  larger  subdivision  of 
the  State,  as  may  be  needed  to  meet  the  wants  of  the  people  ; 
Provided,  That  anj^  local  law  thus  passed  shall  be  submitted 
to  the  freeholders  of  the  section  to  be  affected  thereby  and 
approved  by  a  majority  of  them  before  it  shall  go  into  effect. 

Sec.  34.  The  salary  of  the  Governor  of  the  State  shall  be 
thirty-five  hundred  dollars  per  annum ;  that  of  the  Comp- 
troller, two  thousand  dollars  ;  that  of  the  State  Treasurer,  two 
thousand  dollars ;  that  of  Secretary  of  State,  fifteen  hun- 
dred dollars  ;  that  of  Attorney  General,  fifteen  hundred  dol- 
lars ;  that  of  Commissioner  of  Agrici  Iture,  twelve  hundred 
dollars ;  that  of  Superintendent  of  Public  Instruction,  twelve 
hundred  dollars  per  annum. 

Additional  Section  to  Article  4  was  read  the  first  time. 

The  Convention  resumed  the  consideration  of  Article  IX  on 
Education. 

Section  9  was  read. 

The  Committee  offered  the  following  substitute  : 
The  County  School  Fund  shall  consist,  in  addition  to  the 
tax  provided  for  in  section  8  of  this  Article,  of  the  proportion 
of  the  interest  of  the  State  School  Fund  apportioned  to  the 
countv  ;  all  fines  collected  under  the  penal  laws  of  the  State 
within  the  county  ;  all  capitation  taxes  collected  within  the 
county,  and  shall  be  disbursed  by  the  County  Board  of 
Education,  solely  for  the  maintenance  and  support  of  public 
free  schools. 


304 


The  substitute  to  Section  9  was  read  a  second  time. 
The  question  was  upon  the  adoption  of  the  substitute. 
Mr.  Gibbs  offered  to  amend  as  follows  : 

Insert  "  and  of  the  one  mill  State  tax,"  after  "  fund,"  in  line 
2,  section  9 ; 

Which  was  agreed  to,  and  the  amendment  was  adopted. 
Mr.  Blackburn  offered  the  following  amendment : 
In  4th  line  strike  out     Board  of  Education  "  and  insert 
"  Commissioners 

Which  was  withdrawn. 

Mr.  Sheats  moved  to  amend  by  striking  out  the  word  "  edu- 
cation," in  line  four,  and  insert  in  lieu  thereof  the  words  "  Pub- 
lic Instruction  ;" 

Which  was  accepted. 

Mr.  Oliveros  offered  the  following  amendment  : 
"  But  no  officer  of  the  County  School  Board  shall  be  paid 
for  his  services  out  of  moneys  belonging  to  the  county  proper." 
Mr.  Landrum  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to 

The  question  was  then  upon  the  adoption  of  the  substitute 
for  section  9 ; 

Which  was  agreed  to,  and  the  substitute  for  section  9  was 
passed  as  amended. 

Mr.  Bethel  was  excused  on  account  of  sickness. 

Mr.  Monsalvatge  was  indefinitely  excused. 

Messrs.  Malone,  Milton  and  Clarke  of  Jefferson  were  excused 
until  Monday. 

Pages  Miller  and  Johnston  were  excused  until  Monday. 

On  motion,  the  Convention  adjourned  until  5  o'clock  P.  M. 
to-day. 

\  ■ 


FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
Vice-President  Yonge  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Blackburn, 
Blount,  Broome.  Bush,  Campbell,  Carr,  Carter,  Carson,  Challen, 
Chandler,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hendle}^,  Henderson,  Herndon,  Hicks,  Hocker, 
Humphries,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis, 
Lutterloh,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Mor- 


305 


salvatge,  Morgan,  McCaskill,  McClellan,  McKinnon,  Xeel, 
Odom,  Oliveros,  Orman,  Parker.-Parsons,  Pelot,  Randall  of 
Duval,  Randell  of  Madi  on,  Randolph,  Richard,  Rogers,  Rowe, 
Scott,  Sheats,  Speer,  Stone,  Svsrearingen,  Thompson,  Tompkins, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  WestcottJ 
Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Yonge  and  Zipperer — 96. 
A  quorum  present. 

Mr.  Scott  was  excused  until  Monday. 

The  consideration  of  Article  IX,  on  Education,  was  re- 
sumed. 

Section  10  was  read. 

Mr.  Carter  on  behalf  of  the  Committee  offered  the  follow- 
ing amendment : 

Strike  out  in  line  2,  Section  10,  the  words  annually  of  one," 
and  insert  in  same  line  and  section  after  the  word  trustees, 
"Who  shall  hold  office  for  two  years." 

Mr.  Campbell  offered  the  following  amendment  to  the 
amendment : 

Amend  Section  10. 

Strike  out  all  after  the  word  "  district,"  in  third  line. 
The  question  was  on  the  adoption  of  the  amendment  to  the 
amendment. 

Mr.  Black  'Urn  moved  to  postpone  the  further  consideration 
of  section  10. 

Mr.  Bush  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  again  on  the  adoption  of  the  amendment  to 
the  amendment. 

Pendina:  discussion  the  Convention  was  adjourned  until  9 
o'clock  A.  M.  Monday. 


TWENTY-EIGHTH  DAY. 


MONDAY,  July  18,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
20 


806 


Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Good  bread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis, 
Love,  Lutterloh,  Marshall,  Maxwell,  Miller,  Mitchell,  Morgan, 
McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros.  Or- 
man,  Parker,  Faterson,  Pelot,  Petty,  Randall  of  Duval,  Ran - 
dell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingin,  Tompkins,  Wads- 
worth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott, 
Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — 97. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Yonge  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

W^hich  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Blackburn  asked  that  indefinite  leave  of  absence  be 
granted  Ass  stant  Secretary  McAlpin  and  that  Mr.  Carter  act 
as  Assistant  Secretary  ad  interim; 

Which  was  agreed  to. 

Mr.  McClellan  asked  that  Mr.  Milton  be  excused  until  to- 
morrow ; 

Which  was  granted. 

Mr.  Goodbread  offered  the  following  resolution : 

Whereas^  It  is  known  to  each  member  of  this  Convention 
that  the  services  of  Committee  Clerks  are  no  longer  neoes 
sary ;  therefore,  be  it 

Resolved^  That  after  this,  1 3th  July,  the  services  of  said 
Clerks  be  dispensed  with  and  said  Clerks  be  discharged. 

Mr.  Rogers  moved  that  the  rules  be  waived  and  that  the 
resolution  be  acted  on  immediately^  ; 

Which  was  agreed  to  and  the  resolution  adopted. 

Mr.  Fowler  ottered  the  folio  wing  resolution : 

Whereas^  A  great  deal  of  valuable  time  of  this  Convention  is 
taken  up  by  unnecessar}^  discussion  of  questions  that  arise  in 
due  course  of  business  ;  therefore,  be  it 

Resolved^  That  no  member  shall  speak  on  any  subject  longer 
than  five  minutes,  nor  more  than  twice  on  the  same  subject ; 

Which  was  laid  over  under  the  rules. 

Mr.  Broome  off'ered  the  following  resolution  : 


307 


Resolved,  That  the  Treasurer  of  the  State  of  Florida  be  or- 
dered to  pa}'  Jesse  Dennis  tifty  dollars  on  account  of  services 
as  Janitor  to  this  Convention  ; 

Which  was  referred  to  Committee  on  Expenditures. 

Mr.  Mitchell  offered  a  ne«-  section  to  Article  XVI  on  Pub- 
lic Printing  : 

Which  was  referred  to  Committee  on  Miscellaneous  Pro- 
visions. 

Mr.  Conover  offered  the  following  Article,  and  requested  it 
to  be  published  in  the  Journal  and  lie  on  the  table  for  the 
present : 

ARTICLE  XO.  — . 

The  Legislature  shall  provide  a  pension  for  indigent  sol- 
diers and  sailors,  not  otherwise  provided  for  by  law: 
Which  was  so  ordered. 

Mr.  Lesley.  Chairman  of  Committee  on  Private  Corpora- 
tions, made  the  following  minority  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  13.  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Private  Corporations  to  whom 
was  referred  — 

Sundr}'  Articles  and  Resolutions,  beg  leave  to  make  a  mi- 
nority report  so  far  as  to  dissent  from  Section  2.  of  Article 
XYlil,  of  your  committee's  majority  report. 

Respectfully  submitted, 

J.  T.  Lesley, 

Chairman  of  Committee. 

Which  was  read. 

Mr.  Oliveros,  Chairman  of  the  Enrollment  and  Engrossment 
Committee,  made  the  following  report : 

Convention  Hall.  Tallahassee,  Fla.,  July  18,  IS 85. 
Hon.  Samcel  Pasco, 

President  of  the  Convention: 

Sir:  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 

Article  Xo.  XYIII,  in  relation  to  Temperance,  and  Article 
Xo.  12,  on  Finance  and  Taxation,  beg  to  report  that  they  have 
compared  and  examined  the  same,  and  find  them  correctly 
engrossed. 

Yery  respect lully, 

B  F.  Oliveros,  Chairman. 
Sam'l  E.  Hope, 
Theodore  Randell. 


308 


Which  was  read,  and  the  accompanying  papers  placed  among 
the  orders  of  the  day. 

Article  17,  on  Constitutional  Amendments,  was  read  for  the 
first  time  and  placed  among  the  orders  of  the  day. 

Article  1,  on  Boundaries,  was  read  for  the  first  time  and 
placed  among  the  orders  of  the  day. 

Article  YI,  on  Homestead  Exemption,  was  read  the  first 
time  ;  also  the  second  time,  and  placed  among  the  orders  of 
the  day. 

The  consideration  of  Article  IX,  on  Education,  was  re- 
sumed on  its  second  reading. 

The  question  was  on  the  adoption  of  the  amendment  offered 
by  Mr.  Campbell,  to  strike  out  all  after  the  word  "  district  " 
in  third  line  of  Section  10. 

Mr.  Randall,  of  Duval,  asked  that  his  motion  to  reconsider 
the  vote  of  censure  against  Mr.  Baker  be  taken  up  ; 

Which  was  granted,  and  the  question  was :  Shall  the  vote 
be  reconsidered  ? 

The  yeas  and  na3^s  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Bell  of  Hamilton,  Bush,  Fowler,  Greeley, 
Rowe,  Tompkins,  Walker,  Jr.,  and  Westcott — 8. 

Nays— Messrs.  Bell  of  Brevard  and  Dade,  Bennett, 
Bethel,  Blackburn,  Blount,  Campbell,  Carter,  Carson, 
Clark  of  Jackson,  Coker,  Co#k,  Davidson,  Davis,  Duncan, 
Earle,Edge,  Fogarty,  Genovar,  Gillis,  Goodbread,  Green,  Hatch, 
Hausman,  Ilendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Ives,  Jones,  Landrum,  Lesley,  Love, 
Lutterloh,  Marshall,  Maxwell,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parsons, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Rogers,  Sanchez,  8cott,  Sheats,  Speer,  Stone,  Swearmgen, 
Wadsworth,  Wall,  Weeks,  Wellman,  Whitmire,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Yonge  and  Zipperer. — tO. 

So  the  motion  to  reconsider  was  lost. 

The  consideration  of  Article  IX  was  resumed. 

Mr.  Landrum  offered  the  following  substitute  for  section  10  : 

The  Legislature  shall  provide  by  law  for  the  subdivision  of 
the  several  counties  of  this  State  into  convenient  school  dis- 
tricts, and  for  the  election  annually  in  each  school  district  for 
three  tSchool  Trustees,  who  shall  have  supervision  of  all  Pub- 
lic Free  Schools  in  the  district,  and  to  perform  such  other 
duties  as  may  be  required  by  law  ;  and  the  Legislature  shall 
provide  by  law,  that  in  each  and  every  subdivision  of  the  sev- 
eral counties  for  an  equal  pro  rata  distribution  of  all  moni  s 
appropriated  or  arising  from  the  collection  of  taxes  for  com- 


309 


mon  free  school  purposes  ;  and  the  Legislature  shall  provide 
the  manner  and  m  )de  of  expending  all  monies  so  pro  rated,  to 
each  subdivision,  and  shall  also  provide  for  the  enumeration  of 
all  children  in  each  school  subdivision  of  the  age  of  six  and 
twenty-one  years. 

The  question  was  on  the  adoption  of  the  amendment  offered 
by  Mr.  Carter,  to  strike  out  in  line  2,  section  10,  the  words 

annually  of  one 

Which  was  agreed  to. 

The  question  was  then  on  the  amendment  of  Mr.  Campbell 
to  strike  out  all  after  the  word  "  district    in  third  line. 

Mr.  Blount  offered  the  following  amendment  : 

Strike  out  in  line  5  the  word  freeholders  "  and  insert  in 
lieu  thereof  the  word  "tax-payers;'' 

Which  was  accepted  by  committee. 

Mr.  Bennett  offered  the  following  amendment : 

Strike  out  the  words  "  tax-payers  thereof ''  and  insert  "lia- 
ble to  such  tax 

Which  was  not  agreed  to. 

Mr.  Blackburn  offered  the  following  amendment : 
Strike  out  in  4th  line  "  use  of  public  free  schools  "  and  in- 
sert "  purpose  of  building,  repairing  and  furnishing  suitable 
school  buildings  ;"' 

Which  was  not  agreed  to. 

The  question  was  then  on  the  amendment  of  Mr.  Campbell 
to  strike  out  all  after  the  word  "district in  3d  line. 
Mr.  Carter  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Hamilton,  Bennett,  Bethel,  Blount, 
Broome,  Carter,  Carson,  Challen,  Chandler,  Conover,  Cook, 
Davidson,  Davis,  Duncan,  Earle.  Fogarty,  Fowler,  G-ibbs, 
Gillis,  Goss,  Greeley,  Hargret,  Hendley,  Hocker,  Hope, 
Humphries,  Ives,  Lesley,  Lewis,  Love.  Lutterloh,  Mar- 
shall, Maxwell.  Miller,  Mitchell,  Odom,  Parsons,  Pelot,  Petty, 
Randall  of  Duval,  Randolph,  Richard,  Rogers,  Sanchez, 
Scott,  Sheats,  Speer,  Thompson,  Wall,  Walter,  Weeks,  Well- 
man,  Westcott,  Whitmire,  Wilson  of  Clay  and  Zipperer — 55. 

Xays — Messrs.  Bell  of  Brevard  and  Dade,  Blackburn, 
Bush,  Campbell,  CUirk  of  Jackson,  Coker,  Edge,  Genovar, 
Goodbread,  Green,  Hatch,  Hausman,  Henderson,  Herndon, 
Hicks,  Jones,  Landrum,  Morgan,  McCaskill,  McClellan,  Mc- 
Kinnon,  Xeel,  Oliveros,  Orman.  Parker,  Paterson,  Randell  of 
Madison,  Rowe,  Stone,  Swearingen  Tompkins,  Wadsworth, 
W^alker,  Jr.,  and  Yonge — 34. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 


310 


Mr.  Oliveros  offered  the  following  amendment : 
Strike  out  in  5th  line  the  words    the  qualified  electors  "  and 
insert  the  word  "  those." 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Scott  offered  the  following  amendment  : 

After  "election,"  in  line  2,  insert  "  by  the  freeholders." 

Mr.  Walter  moved  to  table  the  amendment  ; 

Which  was  agreed  to. 

Mr.  Hicks  offered  the  following  amendment : 

Frovided^  That  persons  paying  only  a  capitation  tax  shall 
not  be  considered  tax-pa v  ei-s. 

Mr.  Walker,  Jr.,  moved  that  Section  10  and  all  amendments 
thereto  be  indefinitely  postponed. 

Mr.  Carter  moved  to  lay  Mr.  Walker,  Jr.'s,  motion  on  the 
table  ; 

Which  was  agreed  to. 

Mr.  McClellan  moved  to  stiike  out  all  of  Section  10. 

The  question  was  upon  tlie  adoption  of  the  amendment  of- 
fered by  Mr.  Hicks. 

Mr.  Carter  moved  that  the  amendment  be  adopted,  and 
called  the  previous  question. 

The  question  was  :    Shall  the  main  question  be  now  put  ? 

Which  was  so  ordered  and  the  amendment  offered  by  Mr. 
Hicks  was  adoptt-d 

Mr.  Thompson  offered  the  following  amendment: 

After  "  districl,"  in  line  T,  insert  the  following  :  Provided 
further^  That  no  tax-payer  shall  be  required  to  pay  such 
special  School  District  tax  in  more  than  one  of  such  districts  ; 

Which  was  laid  on  the  table. 

Mr.  Conover  offered  the  following!:  amendment  : 

Insert  in  line  o,  after  the  word  "district,"  "  and  shall  dis- 
burse the  district  and  county  school  funds." 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Randeil,  of  Madison,  offered  the  following  amendment: 
Inline  1  strike  out  "  Legislature"  and  insert  "County  Com- 
missioners in  each  county  ;"  also  strike  out  in  first  line  "  pro- 
vid  •  for  the  sub-division  of,"  and  insert  "shall  sub-divide  the 
counties  ;" 

Which  was  laid  on  the  table. 
Mr.  Oliveros  offered  the  following  amendment  : 
Public  free  schools  in  this  Article  shall  be  construed  to 
mean  common  schools  for  the  education  of  children  in  the  ele- 
mentary studies  of  spelling,  reading,  geography  and  writing, 
and  the  four  rudiments  in  arithmetic  ; 


311 


Which  was  laid  on  the  table. 

Mr.  Davis  offered  the  following  amendment: 

Insert  after  ^'  levy,  in  6th  line,  ''but  no  person  in  the  dis- 
trict who  has  children  that  cannot  take  advantage  of  the 
schools  shall  be  required  to  pay  the  tax  ;" 

Which  was  laid  on  the  table. 

Mr.  Yonge  offered  the  following,  amendment : 

After  the  word  election,''  in  second  line,  section  10,  insert 
the  word  "biennially;'' 

Which  was  ado{)ted. 

The  question  then  was  on  the  motion  of  Mr.  McClellan  to 
strike  out  section  ]  0. 

Mr.  Humphries  moved  to  lay  the  motion  on  the  table. 
The  yeas  and  nays  were  called  for.  -  -  ; 

The  vote  was  : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Blount,  Broome, 
Carter,  Carr,  Challen,  Chandler,  Cook,  Duncan,  Fogart}',  Gibbs, 
Gillis,  Goss,  Greeley,  Hatch,  Hendley,  Hocker,  Hope,  Hum- 
phries, Ives,  Lesley,  Lt^wis,  Lutterloh,  Mann,  Marshall,  Max- 
well, Parsons,  Pelot,  Pett3%  Randall  of  Duval,  Randolph, 
Rogers,  Sanchez,  SheaLs.  Speer,  Thompson,  Wall,  Walter,  Well- 
man,  Wilson  of  Polk  and  >Ianabee,  Yonge  and  Zipperer — 44. 

Xays — Mess  s.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Blackburn,  Bush,  Campbell,  Carson,  Clark  of  Jackson,  Coker, 
Conover,  Davidson,  Davis,  Earle,  Edge,  Fowler,  Genovar, 
Goodbread.  Green,  Hausman,  Henderson,  Herndon,  Hicks, 
Jones,  Landrum,  Love,  Miller,  Mitchell.  Morgan,  McCaskill, 
McClellan,  McKinnon,  Xeel,  Odora,  Oliveros,  Orman,  Parker, 
Paterson,  Randell  of  Madison,  Richard,  Rowe,  Scott,  Stone, 
Swearingen,  Tompkins,  Wadsworth.  Walker,  Jr.,  Weeks,  Whit- 
mire  and  Wilson  of  Clay — 48. 

So  the  motion  to  lay  on  the  table  was  lost. 

Mr.  McClellan  moved  to  adopt  his  motion,  and  called  the 
previous  question.  - 

The  house  refused  to  order  the  main  question. 

The  question  was  then  upon  the  adoption  of  the  substitute 
for  Section  10,  offered  by  Mr.  Landrum. 

Mr.  Broome  moved  that  the  further  consideration  of  Section 
10  be  dispensed  with  ; 

Which  was  agreed  to. 

Section  10  was  recommitted,  with  amendments. 

On  motion  of  Mr.  Sheats,  Section  11  was  recommitted. 

Section  12  was  read. 

Mr.  Randall,  of  Duval,  offered  the  following  amendment: 
Impartial  provision  shall  be  made  for  the  instruction  of 
white  and  colored  children  in  public  schools." 


312 


Mr.  Campbell  offered  the  following  amendment  to  the  amend- 
ment : 

But  white  and  colored  children  shall  not  attend  the  same 
school. 

Mr.  Rogers  moved  to  lay  the  amendment  and  the  amend- 
ment to  the  amendment  on  the  table ; 
Which  was  agreed  to 
Section  12  was  adopted. 
Section  13  was  then  read  and  adopted. 
Section  14  was  then  read. 

Mr.  Marshall  offered  the  following  amendment : 

Strike  out  all  after  "  State"  in  line  2. 

Mr.  Duncan  offered  the  following  amendment : 

Add  at  the  end  of  Section  14,  "  but  shall  not  have  power  to 
force  the  parent  or  guardian  to  patronize  the  public  schools  ; 

Which  was  not  agreed  to. 

Mr.  Pelot  offered  the  following  amendment : 

Strike  out  in  3d  line  all  after  the  word    guardians  "  and  add 

arbitrarily  to  prevent  their  children  or  wards  from  obtaining 
the  advantages  of  the  Public  Schools ;  Provided^  The  provis- 
ion of  this  Section  is  not  intended  to  apply  to  such  as  prefer 
patronizing  private  schools ; 

Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment  of 
Mr.  Marshall ; 

Which  was  adopted. 

Mr.  Orman  offered  the  following  amendment  : 
In  line  1,  of  Section  14,  strike  out  all  after  the  word  "se- 
cure "  and  insert  "  the  education  of  children  in  the  elementary 
branches  of  a  common  English  education  only,  as  nearly  uni- 
form as  practicable 

Which  was  not  agreed  to. 

Mr.  Conover  offered  the  following  amendment : 
Strike  out  Section  14  ; 

Which  was  adopted,  and  Section  14  was  struck  out. 
Section  15  was  read. 

On  Motion  of  Mr.  Miller,  the  Convention  took  a  recess 
until  5  o'clock  P.  M.  to-day. 


FIVE  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 


Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade? 
Bell  of  Hamilton,  Bennett.  Bethel.  Blackburn,  Blount- 
Broome,  Bush.  Campbell,  Carter,  Carr,  Carson,  Challen. 
Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker.  Cono- 
ver.  Cook,  Davidson,  Davis,  Duncan,  Earle.  Edge.  Fogartv, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread.  Goss.  Greeley. 
Green,  Hatch.  Hausman,  Hendley,  Henderson.  Herndon,  Hicks, 
Hocker,  Hope.  Humphries,  Hunter,  Ives,  Johnston,  Jones. 
Landrum,  Lesley.  Lewis,  Love,  Lutterloh,  Malore,  Mann. 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell.  Morgan,  Mc- 
Caskill,  McClellan.  McKinnon,  Xeel.  Odom.  Oliveros.  Orman. 
Parker.  Parkhill,  Parsons,  Paterson,  Pelot,  Petty.  Randall 
of  Duval,  Randell  of  Madison.  Randolph.  Richard,  Rogers. 
Rowe,  Sanchez,  Scott.  Sheats,  Speer,  Stone,  Swearlngen,  Tay- 
lor, Tedder,  Thompson,  Tompkins,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Wall.  Walter,  Weeks.  Wellman,  Whitmire,  Wilson 
of  Clay.  /Yilson  of  Polk  and  Manatee.  Wylly,  Yonge  and 
Zippt-rer—IOS, 

A  quorum  present, 

Mr.  Wall,  Chairman  of  the  Committee  on  Education,  made 
the  following  report  : 

CoxvEN'Tio.v  Hall.  Tallahassee,  Fla.,  July  13.  18S5. 

Hox.  Samuel  Pasco, 

Preside'lt  or  the  Coni-erdion  : 

Sir:  Your  Committee  on  Education,  to  whom  was  recom- 
mitted— 

Sections  10  and  11,  and  substitute  offered  by  Mr.  Landrum. 
report  back  the  substitute  of  Mr.  Landrum.  and  recommend 
that  it  be  laid  upon  the  table. 

They  also  report  back  a  substitute  for  Section  10.  and  re- 
turn Section  11  without  change. 

Very  respectfully. 

John  P.  Wall. 
Chairman  of  Committee. 

SUBSTITUTE  FOR  SECTION  10.  ARTICLE  IX. 

The  Legislature  may  provide,  upon  the  application  of  the 
County  Commissioners  of  any  county  for  the  subdivision  of  such 
county  into  convenient  School  Dist  icts,  for  the  election  bien- 
nially of  three  S  -hool  Trustees,  who  shall  hold  their  office  for 
two  years  and  who  shall  have  supervision  of  all  the  schools 
within  the  district :  and  for  the  levying  and  collection  of  a 
district  school  tax.  for  the  exclusive  use  of  public  free  schools 
within  the  district,  whenever  a  majority  of  the  qualified  electors 
thereof,  who  pay  a  tax  on  real  or  personal  pr^jperty,  shall  cast 


314 


their  ballots  in  favor  of  such  levy;  Provided^  That  any  tax 
authorized  by  this  Section  shall  not  exceed  three  (3)  mills  on 
the  dollar  in  any  one  year  on  the  taxable  property  of  the  dis- 
trict ; 

Which  was  read. 

Mr.  Oliveros  moved  that  the  further  consideration  of  the 
substitute  be  deferred  till  to-morrow  morning  and  that  the  re- 
port be  printed  in  the  Journal ; 

Which  was  not  agreed  to. 

The  substitute  offered  by  the  Committee  was  read. 
Mr.  Mann  moved  that  the  substitute  for  Section  10  be 
adopted  in  lieu  of  the  original ; 
Which  was  agreed  to. 

Mr.  Sheats  then  offered  the  following  substitute  for  Sec- 
tion 10: 

SUBSTITUTE   FOR   SECTION  10,  ARTICLE  IX. 

The  Legislature  shall  provide  for  the  sub-division  of  coun- 
ties into  convenient  School  Districts;  for  the  election  of  three 
School  Trustees,  who  shall  be  elected  bi-ennially,  and  have 
supervision  of  all  the  schools  within  the  district ;  and  for  the 
levying  and  collection  of  a  district  school  tax  for  the  exclu- 
sive use  of  public  free  schools  within  the  district,  whenever  a 
majority  of  the  qualified  electors,  who  are  free-holders,  shall 
cast  their  ballots  in  favor  of  such  levy ;  Provided^  That  any 
tax  authorized  by  this  section  shall  not  exceed  two  (2)  mills 
on  the  dollar  in  any  one  year  on  the  taxable  property  of  the 
district ; 

Which  was  not  agreed  to. 

The  question  under  consideration  was  the  adoption  of  Sec- 
tion 10. 

Mr.  McClellan  moved  to  strike  out  the  Section. 
Mr.  Speer  moved  to  laj^  the  motion  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  section  10. 
The  yeas  and  nays  were  called  for. 
The  vote  was: 

Yeas— Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton.  Bennett,  Bethel,  Blount,  Broome, 
Bush,  Carter,  Carr,  Challen,  Chandler,  Conover,  Cook,  David- 
son, Duncan,  Earle,  Fogarty,  Fowler,  Gen«.var,  Gibbs,  Gillis, 
Goss,  Greeley,  Hargret,  Hatch,  Hendley,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Lesley,  Lewis,  Lutterloh,  Mann,  Marshall,  Maxwell,  Miller, 
Mitchell,  McKinnon,  Oliveros,  Parker,  Parkhill,  Parsons, 
Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison,  Ran- 


315 


dolph,  Richard,  Rogers,  Rowe,  Sanchez,  Sheats,  Speer.  Thomp- 
son, TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall.  Walter,  Well- 
man.  Whltmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Mana- 
tee, Wylh',  Yonge  and  Zipperer — 74. 

Xays — Messrs.  Blackburn,  Campbell,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Davis,  Edge  Goodbread,  G-reen, 
Hausman.  Henderson,  Landrum,  Love,  Malone,  Milton,  Mor- 
gan, McCaskill,  McClellan,  Xeel,  Odom,  Orman,  Paterson. 
Scott,  Stone,  Taylor,  Tedder.  Tompkins  and  Weeks — 28. 

So  the  section  was  adopted. 

Section  11  was  read  and  adopted. 

Section  15  was  read. 

Mr.  Hendley  offered  the  following  substitute  : 

The  Legislature  shall  have  power  to  make  provision  for  a 

higher  grade  of  schools. 

Mr.  Marshal]  offered  the  following  amendment  : 

Insert  at  the  end  thereof,  the  following  words  :  Pro\-ided, 

That  no  lev}*  of  taxes  for  such   p  rposes,  shall,  for  any  one 

year,  exceed  one-quarter  of  one  mill  on  the  dollar  of  all  the 

taxable  property  of  the  State." 

Mr.  McKinnon  moved  to  postpone  Sections  15  and  16  till 

Sa  tui'day  : 

Which  was  not  agreed  to. 

Mr.  Clark,  of  Jefferson,  moved  that  the  House  lay  aside  the 
further  consideration  of  these  sections. 
The  yeas  and  nays  were  called  for. 
Mr.  Hendley  withdrew  th-  substitute. 
Mr.  Speer  moved  thai  Section  I'd  be  stricken  out. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas— Messrs.  Bennett.  Bethel.  Blackburn.  Blount.  Broome. 
Campbell.  Carter,  Carson.  Chandler,  Clarke  of  Jefferson,  Clark 
of  Jackson.  Co:^er,  Cook,  Davis.  Duncan.  Edge,  Fogarty. 
G-enovar,  G-illis,  G-oodbread,  Green.  Hargret,  Hatch.  Hausman. 
Hendley,  Henderson. Herndon,  Hicks.  Hope.  Humphries,  Hun- 
ter. Jones,  Landrum.  Lesley'.  Lewis.  Love,  Lutterloh,  Malone. 
Marshall,  'Maxwell.  MiltonI  Morgan.  McCaskill,  McClellan, 
McKinnon,  Xeel,  Odom.  Orman,  Parker.  Parkhill,  Parsons. 
Pa'erson,  Pelot,  Randell  of  Madison,  Randolph,  Richard,  Rowe, 
Scott,  Speer,  Stone,  Swearinsen,  Tedder,  TurnbuU,  Wadsworth, 
Wall,'  Wellman,  Whitmire.  Wilson  of  Clay,  and  Wylly— 68. 

Xays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bush, 
Carr,  Challen,  Conover,  Davidson,  Earle,  Fowler,  Gibbs,  Goss, 
Greeley,  Hocker,  Ives,  Johnston,  Mann,  Miller,  Mitchell,  Oli- 
veros.  Petty,   Randall  of   Duval,   Rogers,  Sanchez,  Sheats, 


31(> 


Taylor,  Thompson,  Tompkins,  Walker,  Jr.,  Weeks,  Wilson  of 
Polk  and  Manatee,  Yonge  and  Zipperer — 32. 

So  the  motion  to  strike  out  was  carried. 

Mr.  Hendley  moved  that  Section  16  be  stricken  out. 

Mr.  Sheats  offered  the  following  amendment: 

After    Agricultural  College,"  in  the  first  line  insert  "  and 
and  strike  all  after  "  Seminaries,"  in  the  first  line,  to  "  shall  " 
in  the  second  line. 

Mr.  Hendley  moved  to  lay  the  amendment  on  the  table ; 

Which  was  agreed  to. 

The  question  was  to  strikeout  Section  16. 

Mr.  Gibbs  offered  the  following  amendment : 

Strike  out  from  "  Seminaries  "  to  shall,"  and  insert  and 
a  normal  school  for  the  higher  education  of  persons  of  color  to 
be  provided  for  by  law." 

The  question  was  on  the  adoption  of  the  amendment. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas  — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Blount, 
Broome,  Bush,  Campbell,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Conover,  Cook,  Davidson,  Duncan,  Earle, 
Edge,  Fogarty,  Fowler,  Gibbs,  Goss,  Greeley,  Hargret,  Hicks, 
Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Lewis, 
Mann,  Maxwell,  Miller,  Milton,  M  tchell,  McKinnon,  Parkhill, 
Parsons,  Paterson.  Pelot,  Petty,  Randall  of  Duval,  Randell  ot 
Madison,  Rogers,  Sanchez,  Sheats,  Taylor,  Thompson,  Tomp- 
kins, Turnbull,  Wadsworth,  Walker,  Jr.,  Walter,  Yonge  and 
Zipperer — 57. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Bethel,  Blackburn, 
Carter,  Clark  of  Jackson,  Coker,  Davis,  Genovar,  Gillis, 
Goodbread,  Green,  Hatch,  Hausman,  Hendley,  Henderson, 
Herndon,  Lesley,  Love,  Lutterloh,  Malone,  Morgan,  McCaskill, 
McClellan,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Randolph, 
Richard,  Scott,  Speer,  Stone,  Swearingen,  Tedder,  Wall,  Weeks, 
Wellman,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Man- 
atee and  Wylly — 42. 

Su  the  amendment  was  agreed  to. 

Mr.  Hausman  moved  to  adjourn  until  9  o'clock,  A.  M.,  to- 
morrow ; 

Which  was  not  agreed  to. 
Mr.  Speer  moved  to  strike  out  section  16. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bethel,  Blackburn, 
Campbell, Carter,  Chandler,  Clark  of  Jefferson,  Clark  of  Jackson, 
Coker,  Davis,  Edge,  Genovar,  Gillis,  Goodbread,  Green,  Hatch, 


317 


Hendley,  Henderson,  Herndon,  Landrum,  Lesle}^  Love,  Lut- 
terloh,  Malone,  Milton,  Morgan,  McCaskill,  McClellan,  Odom, 
Oliveros,  Orman,  Parker,  Pelot,  Randell  of  Madison.  Randolph, 
Richard,  Scott,  Speer,  Stone.  Swearingen,  I'edder,  Wadsworth, 
Wall,  Wellman,  Whitmire,  Wilson  of  Cla}',  Wilson  of  Polk  and 
Manatee  and  Wylly — 48. 

Xays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Blount, 
Broome.  Bush,  Carr,  Carson,  Challen,  Conover,  Cook,  David- 
son, Duncan,  Earle,  Fogarty,  Fowler,  Gibbs,  Goss,  Greele}', 
Hargret,  Hausman,  Hicks,  Hope.  Humphries,  Hunter,  Ives, 
Johnston,  Jones,  Lewis,  Mann.  Maxwell,  Miller,  Mitchell,  Mc- 
Kinnon,  Parkhill,  Parsons,  Paterson,  Petty,  Randall  of  Duval. 
Rogers,  Sanchez,  Sheats,  Taylor,  Thompson.  Tompkins,  Turn- 
bull,  Walker,  Jr.,  Walter.  Yonge  and  Zipperer — 52. 

So  the  motion  was  not  ageeed  to. 

Mr.  Rogers  moved  that  Section  16  be  adopted  as  amended. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton.  Bennett,  Blackburn, 
Blount,  Broome,  Bush.  Carr,  Carson,  Challen,  Conover,  Cook, 
Davidson,  Duncan,  Earle,  Fogarty,  Fowler,  Gibbs,  Goss.  Gree- 
ley, Hausman.  Hicks,  Hope,  Humphries,  Hunter,  Ives,  Lewis, 
Mann,  Maxwell,  Miller,  Mitchell,  McKinnon,  Petty,  Randall  of 
Duval,  Rogers,  Sanchez,  Sheats,  Thompson,  Tompkins,  Walk- 
er, Jr.,  Walter  and  Yonge— 43. 

Xays — Messrs.  Bethel,  Campbell,  Carter,  Chandler,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Davis,  Edge,  Genovar, 
Gillis,  Goodbread,  Green,  Hargret,  Hatch,  Hendle\',  Hen- 
derson, Herndon,  Johnston,  Jones,  Landrum,  Lesle}',  Love, 
Lutterloh,  Malone,  Milton,  Morgan,  McCaskill,  McClellan, 
Odom,  Oliveros,  Orman,  Parkhill,  Parsons,  Paterson,  Pelot, 
Randell  of  Madison,  Randolph,  Richard,  Scott,  Speer, 
Stone,  Swearingen,  Taylor,  Tedder,  TurnbuU,  Wadsworth, 
Wall,  Weeks,  Wellman,  Whitmire.  Wilson  of  Cla}',  Wilson 
of  Polk  and  Manatee,  Wylly  and  Zipperer — 55. 

So  Section  16  was  not  adopted. 

On  motion  of  Mr.  Baker,  the  house  adjourned  until  9  o'clock 
A.  M.  to-morrow. 


818 


TWENTY-NINTH  DAY. 


TUESDAY,  July  14,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cock, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Geno- 
var,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hausman,  Henderson,  Herndon,  Hicks,  Hocker,  Hope, 
Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell,  Miller, Mil- 
ton, Mitchell,  Morgan,  McCaskill,  McLlellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson,  Tompkins,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman, 
Westcott,  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk  and  Man- 
atee, Wylly,  Yonge  and  Zipperer— 104. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Fowler  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

The  following  resolution,  offered  by  Mr.  Fowler  on  ;y  ester- 
day,  was  read : 

Whereas,  A  great  deal  of  valuable  time  of  this  Convention 
is  taken  up  by  unnecessary  discussion  of  questions  that  arise 
in  due  course  of  business  ;  therefore,  be  it 

Rei^olved,  That  no  member  shall  speak  on  any  subject  longer 
than  five  minutes,  nor  more  than  twice  on  the  same  subject. 

Mr.  Turnbull  moved  to  strike  out  "  five  "  and  insert  "  ten 
minutes.  " 

Mr.  Chandler  moved  to  lay  the  motion  on  the  table  ; 
Which  was  not  agreed  to 


319 


Mr.  Baker  offered  the  following  substitute  : 

Xo  member  shall  speak  more  tliau  tea  minutes  on  any  one 
question  unless  by  unanimous  consent. 

The  question  was  on  Mr.  TurnbuU's  amendment  to  strike 
out  "  five  "  and  insert  "  ten,  and  insert  "  with  jut  the  consent 
of  the  house  ;"" 

Which  was  agreed  to. 

I'he  question  was  on  Mr.  Baker's  substitute. 
Mr.  Walker  moved  to  strike  out  the  preamble  of  the  original 
resolution ; 

Which  was  agreed  to. 

The  question  was  on  the  adoption  of  Mr.  Baker's  substitute 
for  the  original ; 

Which  was  agreed  to. 

Mr.  Wylly  moved  that  the  substitute  be  adopted  ; 

Which  was  agreed  to,  and  the  resolution  was  adopted. 

Mr.  Thompson  introduced  the  following  resolutions  : 

Besolved,  That  the  Committee  on  Education  are  hereby  re- 
quested to  report  within  two  days  the  disposition  made  of  the 
Ordinance  in  relation  to  the  establishment  of  a  University  for 
persons  of  color : 

Resolved  2d.  That  it  is  the  sense  of  this  Convention  that 
the  establishment  of  a  State  Xormal  School  for  the  higher 
training  and  graduation  of  persons  of  color,  engaged  or  to  be 
engaged  in  public  instruction  in  this  State,  will  be  sufficient  in 
lieu  of  the  University; 

Which  was  laid  over  under  the  rules. 

Mr.  McCaskill,  Chairman  of  Committee  on  Taxation  and  Fi- 
nance, gave  notice  that  he  would  call  up  Article  XII  for  its 
final  reading,  to-morrow  at  11  o'clock. 

Mr.  Yonge,  Chairman  Committee  on  City  and  County  Or- 
ganization, made  the  following  report  : 

CoNYENTiox  Hall,  Tallahassee,  Fla.,  July  14,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention: 

Sir:  Your  Committee  on  County,  Township  and  City  Or- 
ganization, to  which  was  referred — 

Resolution  No.  63,  introduced  b}' Mr.  Parkhill,  of  Jefl;erson, 
relating  to  the  appointment  of  County  Commissioners,  beg 
leave  to  report  that  they  have  had  the  same  under  considera- 
tion, and  recommend  in  accordance  therewith  the  accompany- 


320 


ing  additional  Section  to  the  Article  No.  VIII,  heretofore 

reported  by  this  committee. 

Very  respectfully, 

J.  E.  YoNGE,  Chairman, 
W.  H.  Hausman, 
j.  fogarty, 
Wm.  N.  Sheats, 
e.  j.  lutterloh, 
F.  B.  Genovar, 

Committee. 

Additional  section  to  be  inserted  after  Section  (4)  four  : 
There  shall  be  appointed  by  the  Governor,  by  and  with  the 
consent  of  the  Senate,  in  and  for  each  county,  five  County 
Commissioners.  Their  term  of  office  shall  be  four  years,  and 
their  powers,  duties  and  compensation  shall  be  prescribed  by 
law ; 

Which  was  read,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Mr.  Hicks  offered  the  following  minority  report : 
Minority  Report.] 

Convention  Hall,  > 
Tallahassee,  Fla.,  July  14,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  The  undersigned,  members  of  the  Committee  on 
Counties  and  Cities,  would  respectfully  state  that  the  said 
Committee,  after  a  thorough  investigation  of  the  subject,  re- 
ported to  this  Convention  unanimously  that  they  recommended 
the  election  of  five  County  Commissioners  in  each  county,  f>y 
the  people  thereof,  which  report  is  now  printed  in  the  Journal 
of  your  proceedings,  and  is  also  upon  the  desk  of  each  mem- 
ber of  this  body.  A  majority  of  said  Committee  now  see 
proper  to  change  their  views — "and  such  a  change  " — in  re- 
gard to  electing  the  County  Commissioners  by  the  people 
of  the  several  counties,  and  by  their  supplemental  report, 
this  day  presented  to  the  Convention,  recommend  that 
said  County  Commissioners  be  appointed  by  the  Governor.  In 
this  change  of  opinion  by  the  majority  of  said  Committee  we 
do  not  concur.  We  therefore  ad  here,  in  every  particular,  to 
the  principle  expressed  in  the  original  report  of  the  full  Com- 
mittee, and  hope  the  same  may  be  adopted  by  the  Convention. 
Very  respectfully, 

Henry  C.  Hicks, 
Philip  Walter, 
Of  Committee  on  Counties  and  Cities. 


321 


Which  was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Speer,  C  lairmaa  of  the  Committee  on  Temperance,  gave 
notice  that  he  would  call  up  the  Temperance  Article  on  Thurs- 
day, at  11  o'clock,  for  its  final  passage. 

Mr.  Broome,  Chairman  of  the  Committee  on  Expenditures, 
made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  14,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Gonvention  : 

Sir  :  Your  Committee  on  Expenditure  to  whom  was  re- 
ferred— 

Resolution  of  the  ISth,  in  relation  to  the  pay  of  Jesse  Den- 
nis for  his  services  as  Janitor,  report  the  same  back  to  the 
Convention  an  1  recommead  that  it  be  adopted,  and  that  said 
sum  of  fifty  dollars  be  paid  out  of  the  appropriation  made  for 
the  expenses  of  this  Convention. 

Yery  respectfully, 

John  D.  Broome, 

Chairman  Committee. 

Which  was  read. 

Mr.  Conover  moved  the  adoption  of  the  resolution  ; 
Which  was  agree^l  to,  aui  the  following  resolution  was 
adopted  : 

Be-olved,  That  the  Treasurer  of  the  State  of  Flori'ia  be  or- 
dered to  pay  Jesse  Dennis  fift}^  dollars  on  account  of  services 
as  Janitor  to  this  Convention. 

The  consideration  of  Article  XYI,  on  Miscellaneous  Provis- 
ions, came  up  on  its  first  reading  ; 

A'hich  was  read  the  first  t.me  and  placed  among  the  orders 
of  the  day. 

Article  Xo.  — ,  on  Private  Corporations,  was  read  the  first 
time  and  placed  among  the  orders  of  the  day. 

The  consideration  of  Article  IX,  on  its  second  reading,  was 
resumed. 

Mr.  Taylor  moved  to  reconsider  the  vote  by  which  section  16 
was  not  adopted. 

Mr.  Carter  offered  the  following  additional  Section  to  Arti- 
cle IX : 

Section  — .  The  Legislature  may  provide  for  the  establish- 
ment, upon  the  recommendation  of  the  State  Board  of  Educa- 
tion, two  Normal  Schools,  one  white  and  one  colored,  to  be 
kept  separate,  for  the  education  of  teachers  for  the  Common 
Schools  of  this  State;  Provided.  That  the  tax  to  sustain  the 
21 


322 


same  shall  not  exceed  one-eighth  of  one  mill  on  the  dollar  of 
the  taxable  property  of  the  State. 

Mr.  Walker,  Jr.,  moved  to  lay  the  section  on  the  table  ; 

Which  was  not  agreed  to. 

Mr.  Paterson  offered  the  following  substitute  : 

The  Legislature  shall  make  such  provisions  as  it  may  deem 
necessary  for  the  State  University,  the  Seminaries  and  the  Ag- 
gricultural  College,  and  also  for  such  Normal  Schools,  and 
schools  of  grade  as  may  be  required,  but  no  direct  tax  for 
any  or  all  of  the  same  shall  exc- ed  one-half  mill  on  the  taxable 
property  of  the  State  for  any  one  year. 

Mr.  Walker  moved  that  the  new  section  and  the  substitute 
be  indefinitely  postponed ; 

Which  was  agreed  to. 

Mr.  Taylor's  motion  to  reconsider  the  vote  by  which  Section 
16  was  lost,  was  taken  up. 
Mr.  Chandler  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Bennett  offered  the  following  new  section  : 
Section  — .  The  Legislature  shall  provide  for  the  estblish- 
ment  of  two  Normal  Schools,  one  of  which  shall  be  for  the 
education  of  white  persons  and  the  other  for  the  education 
of  colored  persons  ot  the  State,  to  fit  them  for  teachers.  The 
Normal  Schools,  the  Agricultural  College  and  the  Seminaries 
of  the  State  shall  be  under  the  management  and  control  of  a 
Board  of  Trustees.  Said  Trustees  shall  be  appointed  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate,  for  the 
term  of  four  years,  not  more  than  two  of  whom  shall  reside  in 
the  same  Senatorial  District,  and  so  arranged  that  the  term  of 
office  of  one-half  the  members  of  each  Board  shall  expire  bien- 
nially. No  Trustee  shall  receive  any  pay  or  emolument  other 
than  his  actual  expenses  incurred  in  the  discharge  of  his  duties 
as  such.  The  Governor  and  Superintendent  of  Public  In- 
stru.'tion  shall  be  ex-officio  members  of  each  of  said  Boards 
of  Trustees. 

Mr.  Conover  offered  the  following  substitute  : 
The  Legislature  shall  provide  two  State  Normal  Schools  for 
the  education  of  teachers  for  the  common  schools  of  this  State, 
and  they  shall  be  kept  separate,  one  for  white  and  one  for  col- 
ored pupils. 

Mr.  Walker,  Jr.,  offered  the  following  amendment: 

Strike  out  "  two  "  and  insert  one,"  and  strike  out  "  kept 
seperately  for  white  children." 

Mr.  Maxwell  moved  to  lay  the  new  section,  the  substitute 
and  the  amendment  on  the  table. 

The  yeas  and  nays  were  called  for. 


323 


The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Blackburn, 
Blount,  Campbell,  Carter.  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Davis,  Edge,  Goodbread,  Green, 
Hatch,  Hausman,  Hendley,  Henderson,  Herndon,  Hicks, 
Hope,  Humphries,  Jones,  Landrum,  Lesley,  Love,  Lutterloh, 
Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McCaskill,  Mc- 
Clellan,  McKinnon,  Xeel,  Odom,  Orman,  Parker,  Parkhill,  Pat- 
erson,  Randell  of  Madison,  Randolph,  Richard,  Rowe,  Scott, 
Stone,  Swearingen,  Tedder,  Wadsworth,  Walker,  Jr.,  Wall, 
Weeks,  Wellman  Whitmire,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Yonge  and  Zipperer — 58. 

Xays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Bethel, 
Broome,  Bush,  Carr,  Challen,  Chandler,  Conover,  Cook, 
Davidson,  Duncan,  Earle,  Fogarty,  Fowler,  Genovar,  Gibbs, 
Gillis,  Goss,  Greeley,  Hargret,  Hocker,  Hunter,  Ives,  John- 
ston, Lewis,  Mann,  Miller,  .Mitchell,  Oliveros,  Parsons,  Pelot. 
Petty,  Randall  of  Duval,  Rogers,  Sanchez,  Sheats,  Speer, 
Taylor,  Thompson,  Tompkins,  Turnbull,  Walter  Westcolt  and 
Wylly— 46. 

So  the  motion  to  table  was  agreed  to. 

Mr.  Baker  offered  the  following  new  section : 

The  Governor  shall  appoint,  with  the  consent  of  the  Senate, 
a  Board  of  Trustees  of  the  Agricultural  College  and  the  East 
and  West  Florida  Seminaries. 

Mr.  Carter  moved  to  lay  the  section  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Randolph  offered  the  following  additional  section  : 

The  County  Superintendent  of  Public  Instruction  shall  be 
ex  officio  Treasurer  of  the  School  Fund  and  shall  receive  from 
the  Collector  all  monies  collected  for  school  purposes.  He 
shall  give  a  bond  to  be  fixed  and  approved  by  the  County 
Commissioners  and  Judge  of  the  County  Court,  and  shall,  on 
the  order  of  the  Board  of  Public  Instruction,  disburse  all  sums 
collected  for  educational  purposes. 

Mr.  McClellan  moved  to  lay  the  section  on  the  table ; 

Which  was  agreed  to. 

Mr.  Sanchez  offered  the  following : 

Section  — .  The  Legislature  mav  provide  by  law  for  com- 
pelling parents,  guardians  and  others  having  control  of  chil- 
dred  within  the  school  age  to  send  them  to  school,  and  to  pro- 
vide the  proper  punishment  and  penalties  for  failure  to  comply 
therewith. 

Mr.  Chandler  moved  that  all  new  sections  and  amendments 
offered  to  this  Article  be  referred  to  the  Committee  without  de- 
bate ; 


324 


Which  was  agreed  to,  and  the  following  amendments  and 
new  sections  were  offered  and  so  referred. 

Mr.  Marshall  offered  the  following  additional  section  to 
Article  9 : 

The  Legislature  shall  have  power  to  make  provisions  for  a 
higher  grade  of  schools  ;  but  no  levy  of  taxes  for  such  pur- 
poses shall,  for  any  one  year,  exceed  one-quarter  of  one  mill  on 
the  dollar  of  all  the  taxable  property  of  the  State. 
Mr.  Bush  offered  the  following  new  section  : 
Sec.  15.  The  Legislature  shall  make  provision  for  the  con- 
version of  the  IState  Agricultural  College  into  a  State  Univer- 
sity, with  Agricultural,  Literary,  Industrial  and  Military  De- 
partments, and  with  exclusive  power  to  confer  the  higher  de- 
grees ;  shall  provide  for  connecting  and  for  increasing  the 
efficiency  of  the  East  Florida  Seminary,  located  at  Gainesville, 
and  the  West  Florida  Seminary,  located  at  Tallahassee,  as 
branches  of  the  State  University,  without  changing  their  lo- 
cations ;  and  shall  provide  for  a  College,  Normal  School  or 
branch  of  the  State  University  for  the  benefit  of  the  colored 
youths  of  the  State,  and  shall  provide  for  the  liberal  mainten- 
ance of  the  same.    Instruction  in  them  shall  be  free. 
Mr.  Sanchez  offered  the  following  section : 
Sec.  — .  That  there  shall  be  established  a  State  Normal 
School  for  the  preparation  and  educaiion  of  persons  of  color. 
The  Legislature  shall  provide  for  the  maintenance  of  the  same. 
Mr.  Wylly  offered  the  following  section : 
Section  ■ — .  The  Legislature  shall  provide  for  the  establish- 
ing of  two  Normal  Schools  at  convenient  localities,  the  chief 
object  of  which  shall  be  for  the  education  and  preparation  of 
the  youth  attending  them,  with  a  view  to   their  becoming 
teacht  rs  in  the  public  schools  of  the  State. 
Mr.  Sheats  offered  the  following  section : 
Section  — .  The  Agricultural  College,  located  at  Lake  City, 
the  State  University,  the  East  Florida  Seminary,  located  at 
Gainesville,  and  the  West  Florida  Seminary,  located  at  Talla- 
hassee, shall  each  be  under  the  management  and  control  of  a 
seperate  Board  of  Trustees.    Said  trustees  shall  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  Senate,  for 
the  term  of  four  years,  not  more  than  two  of  whom  shall 
reside  in  the  same  senatorial  district,  and  so  arranged  that  the 
term  of  office  of  one-half  the  members  of  each  Board  shall  ex- 
pire biennially.    No  Trustee  shall  receive  any  pay  or  emolu- 
ment other  than  his  actual  expenses  incurred  in  the  discharge 
of  his  duties  as  such.    The  Governor  and  Superintendent  of 
Public  Instruction  shall  be  ex-officio  members  of  each  of  said 
Boards  of  Trustees. 


325 


Mr.  Walker  offered  the  following  : 

The  State  University  and  the  East  and  West  Florida  Semi- 
naries shall  each  be  under  the  management  and  control  of  a 
Board  of  Trustees.  Said  Trustees  shall  be  appointed  by  the 
Governor.  The  Trustees  shall  receive  no  salary  or  other  pay 
or  compensation.  The  Governor  and  Superintendent  of  Pub- 
lic Instruction  shall  be  ex-officio  members  of  each  of  said 
Boards  of  Trustees. 

Mr.  Mann  offered  the  following  section : 

Section  — .  The  Legislature  may  consider,  and  when  they 
choose,  take  such  further  action  as  our  School  System  may 
seem  to  them  to  require,  even  to  the  establishment  of  schools 
of  high  grade. 

Mr.  Hendley  offered  the  f  )llowing  section  : 

The  Legislature  shall  have  power  to  make  provision  for  a 
higher  grade  of  schools. 

Mr.  Miller  offered  the  following  : 

Section  14.  The  Legislature  shall  make  provision  for  the 
proper  adjustment  and  settlement  of  the  claim  of  the  citizens 
of  Ocala  against  the  State  for  certain  aid  given  by  the  citizens 
of  the  town  of  Ocala  for  the  establishment  of  the  East  Florida 
Seminary  in  1852,  and  conditional  upon  its  location  at  the  said 
town. 

Mr.  Landrum  offered  the  following  additional  section  to  Ar- 
ticle IX. 

Additional  section  to  Article  IX  : 

The  Legislature  shall  provide  by  law,  that  in  each  and 
every  subdivision  or  school  district  of  the  several  counties  for 
an  equal  pro  rata  distribution  of  all  monies  appropriated  or 
arising  from  the  collection  of  taxes  by  the  State  for  common 
free  school  purposes  ;  and  the  Legislature  shall  provide  the 
manner  and  mode  of  expending  all  monies  so  pro-rated  to  each 
subdivision  :  and  shall  also  provide  for  the  enumeration  of  all 
children  in  each  school  subdivision  of  the  age  of  six  and 
twenty-one  years. 

Mr.  Wilson,  of  Polk,  offered  the  Constitution  of  the  State  of 
Florida,  adopted  Februaiy  25th.  1868,  as  amended,  as  an 
amendment  to  Article  IX. 

Which  was  agreed  to. 

Mr.  Walker,  Jr.,  moved  that  the  different  amendments  be  re- 
ferred to  the  Committee  without  being  read : 
Which  was  agreed  to. 

Mr.  Wall,  Chairman  of  the  Committee  on  Education,  moved 
that  Article  IX.  as  amended,  be  engrossed  for  a  third  reading  ; 
Which  was  agreed  to. 


326 


ARTICLE  IX. 

EDUCATION. 

Section  1.  The  Legislature  shall  provide  for  a  uniform 
system  of  Public  Free  Schools,  and  shall  provide  for  the  liberal 
maintenance  of  the  same. 

Sec.  2.  There  shall  be  a  Superintendent  of  Public  Instruc- 
tion, whose  duties  shall  be  prescribed  b\^  law,  and  whose 
term  of  office  shall  be  four  years  and  until  the  election  and 
qualification  of  his  successor. 

Sec  3.  The  Governor,  Secretary  of  State,  Attorney-General, 
State  Treasurer  and  State  Superintendent  of  Public  Instruction 
shall  consitute  a  body  corporate,  to  be  known  as  the  State  Board 
of  Education  of  Florida,  of  which  the  Governor  shall  be  Presi- 
dent, and  the  State  Superintendent  Secretary.  This  Board 
shall  have  power  to  remove  for  cause  and  upon  notice  to  the 
incumbent,  any  subordinate  school  officer ;  and  shall  have, 
regulated  by  law,  the  management  and  investment  of  all 
State  school  funds,  and  such  supervision  of  schools  of  higher 
grades  as  the  law  shall  provide. 

Sec.  4.  The  State  School  Fund,  the  interest  of  which  shall 
be  exclusively  applied  to  the  support  and  maintenance  of  pub- 
lic free  schools,  shall  be  derived  from  the  following  sources  : 

The  proceeds  of  all  lands  that  have  been  or  may  hereafter 
be  granted  to  the  State  by  the  United  States  for  public  school 
purposes. 

Donations  to  the  State  when  the  purpose  is  not  specified. 
Appropriations  by  the  State. 

The  proceeds  of  escheated  property  or  forfeitures. 

TweMt3^-five  per  centum  of  the  sales  of  public  lands  which 
are  now  or  may  hereafter  be  owned  by  the  State. 

Sec  5.  The  principal  of  the  State  School  Fund  shall  remain 
sacred  and  inviolable. 

Sec  6.  A  special  tax  of  one  (1)  mill  on  the  dollar  of  all  tax- 
able property  in  the  State,  in  addition  to  the  other  means  pro- 
vided, shall  be  levied  and  apportioned  annually  for  the  support 
and  maintenance  of  public  free  schools. 

Sec  7.  Provision  shall  be  made  by  law  for  the  distribution 
of  the  interest  on  the  State  School  Fund  and  the  special  tax 
among  the  several  counties  of  the  State  in  proportion  to  the 
number  of  children  residing  therein  between  the  ages  of  six 
and  twenty-one  years. 

Sec  8.  Each  county  shall  be  required  to  assess  and  collect 
annually  for  the  support  of  public  free  schools  therein  a  tax 
of  not  less  than  three  (3)  mills  nor  more  than  five  (5)  mills  on 
the  dollar  of  all  taxable  property  in  the  same. 


327 


Sec.  9.  The  County  School  Fund  shall  consist,  in  addition 
to  the  tax  provided  for  in  section  8  of  this  Article,  of  the  pro- 
portion of  the  interest  of  the  State  School  Fund  and  of  the 
one  mill  State  tax  apportioned  to  the  county ;  all  fines  col- 
lected under  the  penal  laws  of  the  State  within  the  county  ; 
all  capitation  taxes  collected  within  the  county,  and  shall  be 
disbursed  by  the  County  Board  of  Public  Instruction  solely  for 
the  maintenance  and  support  of  public  free  schools. 

Sec.  10.  The  Legislature  may  provide,  upon  the  application 
of  the  County  Commissioners  of  any  count}^,  for  the  sub- 
division of  such  count}^  into  convenient  School  Districts,  for 
the  election  biennially  of  three  School  Trustees,  who  shall 
hold  their  office  for  two  years  and  who  shall  have  supervision 
of  all  the  schools  within  the  district  ;  and  for  the  lev3dng  and 
collection  of  a  district  school  tax,  for  the  exclusive  use  of 
public  free  schools  within  the  district,  whenever  a  majoritj^of 
the  qualified  electors  thereof,  who  pay  a  tax  on  real  or  per- 
sonal property,  shall  cast  their  ballots  in  favor  of  such  levy  ; 
Provided^  That  any  tax  authorized  by  this  section  shall  not 
exceed  three  (3)  mills  on  the  dollar  in  any  one  year  on  the 
taxable  property  of  the  distric. 

Sec.  11.  Any  incorporated  town  or  city  may  constitute  a 
School  District.  The  fund  raised  by  section  10  may  be  ex- 
pended in  the  district  where  levied  in  building  or  repairing 
school  houses,  in  the  purchase  of  school  libraries  and  text- 
books, for  salaries  of  teachers,  or  for  other  educational  pur- 
poses, so  that  the  distribution  among  all  the  schools  of  the 
district  be  equitable. 

Sec.  12.  White  and  colored  children  shall  not  be  taught  in 
the  same  school,  but  impartial  provision  shall  be  made  for 
both. 

Sec.  13.  No  law  shall  be  enacted  authorizinix  the  diversion 
or  the  lending  of  any  county  or  district  school  funds,  or  the 
appropriation  of  any  part  of  the  permanent  or  available  school 
fund  to  any  other  than  school  purposes  ;  nor  shall  the  same, 
or  an}'  part  thereof,  be  appropriated  to  or  used  for  the  sup- 
port of  any  sectarian  school. 

Article  XI,  on  Judicial  Department,  was  taken  up  on  its 
second  reading. 

Mr.  McClellan  offered  the  following  motion  : 

That  the  Convention,  in  considering  the  Article  upon  the 
Judiciary,  shall  take  up  the  majority  and  minority  reports  of 
the  Judiciary  Committee,  and  consider  them  by  taking  up  the 
last  sections  first,  from  the  last  to  the  first  section. 

Mr.  Sanchez  moved  that  Mr.  McClellan's  motion  be  laid 
upon  the  table  ; 


328 


(  Which  was  agreed  to. 

Mr.  Hocker  offered  the  following  motion  : 

It  is  moved  that  the  minority  report  of  the  Judiciary  Com- 
mittee be  substituted  in  lieu  of  the  majority  report. 

Mr.  Carter  offered  the  following  substitute  : 

Resolved^  That  the  discussion  of  the  Judiciary  Department 
be  taken  up  in  the  following  order  : 

1.  Shall  the  Judges  of  the  Supreme  Court  be  elected  or  ap- 
pointed ? 

2.  If  elected,  how? 

3.  If  appointed,  how  ? 

4.  Shall  the  Judges  of  the  Circuit  Court  be  elected  or  ap- 
pointed ? 

5.  If  elected,  how  ? 

6.  If  appointed,  how  ? 

Mr.  Hocker  withdrew  his  motion. 

The  question  was  on  the  adoption  of  Mr.  Sanchez'  motion  ; 
I  Which  was  agreed  to. 
The  first  question  was : 

Shall  the  Supreme  Court  Judges  be  elected  or  appointed  ? 
Mr.  Baker  moved  that  the  resolution  regarding  time  of 
speaking  be  not  enforced  for  the  Judiciary  question. 

Mr.  Walker  moved  that  the  motion  be  laid  on  the  table; 
Which  was  agreed  to.  p 

The  question  was :  Shall  the  Justices  of  the  Supreme  Court 
be  elected  ? 

Pending  the  discussion  of  which  the  Convention,  on  motion 
of  Mr.  Carter,  took  a  recess  until  4  o'clock  P.  M.  to-day. 


^     ,  FOUR  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Dunc?n,  Earle,  Edge,  Fogarty,  Fowler,  Geno- 
var,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hausman,  Hendley,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Mar- 


( 


329 


shall,  Maxwell,  Miller,  Milton,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Xeel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell  of 
Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson, 
Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 
Weeks,  Wellman,  Westcott,  Whitmire,  Wilson  of  Clay,  Wilson 
of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer— 104. 
A  quorum  present. 

The  Convention  resumed  the  consideration  of  Article  XI,  on 
the  Judicial  Department. 

The  question  was,  Shall  the  Justices  of  the  Supreme  Court 
be  elected  or  appointed  ? 

Pending  the  discussion  of  the  same  the  Convention,  on  mo- 
tion of  Mr.  Miller,  adjourned  until  9  o'clock  A.  M.  to-morrow. 


THIRTIETH  DAY. 


WEDNESDAY,  July  15,  1885. 

The  Convention  met  pursuant  to  acTjournmeni. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President.  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount, 
Broome,  Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover, 
Cook,  Davidson,  Davis,  Duncan,  Earle.  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley, 
Green,  Hatch,  Hausman,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love.  Lutterloh,  Malone,  Mann, 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  Mc- 
Caskill, McClellan,  McKinnon,  Xeel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Ran- 
dell of  Madison.  Randolph,  Richard,  Rogers,  Rowe, 
Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor, 
Tedder,  Thompson.  Tompkins,  Turnbull,  Wadsworth.  Walker, 
Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott,Wilson  of  Clay, 


330 


Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zip- 
perer — 101. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  read  and  approved. 

Mr.  Hendley  was  excused  on  account  of  sickness. 

Mr.  Neel,  of  Holmes,  offered  the  following  memorial,  which 
was  spread  on  the  Journal  and  referred  to  the  Committee  on 
County  and  Township  Organization : 

To  the  Members  of  the  Constitutional  Convention^  Assembled  at 
Tallahassee^  Florida: 

We,  the  undersigned  petitioners,  would  respectfully  represent 
that  a  petition  has  been  circulated  in  Holmes  county,  asking 
that  all  that  portion  of  said  county  west  of  the  Choctawhatchee 
river,  be  annexed  to  Walton  county,  and  as  a  number  of  per- 
sons who  signed  said  petition  misunderstood  the  object  of  the 
same,  we  hereby  protest  against  the  proposed  change. 

Signed  by  267  citizens  of  Holmes  county. 

Mr.  Whitmire  was  excused  indefinitely  on  account  of  sick- 
ness. 

Mr.  Rogers  offered  the  following  resolution  : 

Resolved^  That  after  the  final  reading  of  the  Constitution 
the  members  of  this  Convention  will  proceed  to  sign  the  same, 
in  response  to  a  call  of  counties  or  Senatorial  Districts,  giving 
name^  county,  post-office^  date  of  birth,  nativity^  and  how  many 
years  a  cz^zzen  of  Florida.  Absent  members  shall  have  the 
privilege  of  signing  their  names  on  blank  pages  of  paper  and 
have  them  attached  to  the  Constitution  ; 

Which  was  laid  over  under  the  rules. 

Mr.  Sheats  asked  permission  to  withdraw  Ins  name  from  the 
majority  report  of  the  Committee  on  County,  Township  and 
City  Organization,  as  made  on  yesterday  ; 

Which  was  granted. 

Mr.  Conover  offered  an  Ordinance  fixing  the  per  diem  of  the 
members,  officers  and  attaches  of  the  Convention  ; 

Which  was  read  and  referred  to  the  Committee  on  Ex- 
penditures. 

Mr.  Marshall  offered  an  Ordinance  fixing  the  per  diem  of  the 
members,  officers  and  attaches  of  the  Convention  ; 

Which  was  read  and  referred  to  the  Committee  on  Ex- 
penditures. 

Mr.  Mann  offered  the  following  resolution ; 


331 


Resolved^  That  in  consequence  of  the  discharge  of  the  Com- 
mittee Clerks,  the  Committee  on  Legislative  Expenses  shall 
report  for  the  consideration  of  this  bod}^  the  pay  of  such  clerks, 
in  order  that  they  may  be  paid  and  go  home  ; 

Which  was  referred  to  the  Committee  on  Expenditures. 

The  following  resolutions  offered  by  Mr.  Thompson  on  yes- 
terday, were  read  : 

Besolved^  That  the  Committee  on  Education  are  hereby  re- 
quested to  report  within  two  d&ys  the  disposition  made  of  the 
Ordinance  in  relati^»n  to  the  establishment  of  a  Universit}'  for 
persons  of  color. 

Resolved  2rf,  That  it  is  the  sense  of  this  Convention  that  the 
establishment  of  a  State  Normal  ^School  for  the  higher  training 
and  graduation  of  persons  of  color,  engaged  or  to  be  engaged 
in  public  instruction  in  this  State,  will  be  sufficient  in  lieu  of 
the  Universit}^ 

Mr.  Mitchell  moved  to  strike  out  second  part  of  the  resolu- 
tion ; 

Which  was  agreed  to. 

Mr.  Chandler  moved  .to  lay  the  first  section  of  the  resolution 
upon  the  table ; 

Which  was  agreed  to. 

The  consideration  of  Article  XI,  on  Judicial  Department, 
was  resumed. 

The  question  was:  Shall  the  Justices  of  the  Supreme  Court 
be  elected  or  appointed  ? 

Mr.  McCaskiil  moved  that  the  first  business  taken  up  after 
the  pending  question  is  disposed  of  shall  be  the  third  reading 
of  Article  XII; 

W^hich  was  so  ordered. 

The  question  then  was:  Shall  the  Justices  of  the  Supreme 
Court  be  elected  or  appointed  ? 

Pending  the  discussion  of  the  same  the  Convention,  on  mo- 
tion of  Mr.  Earle,  took  a  recess  until  4  o'clock  P.  M.  to-da^'. 


FOUPv  O'CLOCK   P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell    of    Hamilton,     Bennett,   Bethel,   Blackburn,  Blount, 


332 


Broome,  Bush,  Campbell,  Carter,  Carson,  Challen,  Chand- 
ler, Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cono- 
ver.  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley, 
Green,  Hargret,  Hatch,  Hausman,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malore,  Mann, 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  Mc- 
Caskill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall 
of  Duval,  Randell  of  Madison,  Randolph,  Richard,  Robert- 
son, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearinojen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
TurnbuU,  Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks, 
Wellman,  Westcott,  Wilson,  of  Clay.  iVilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 104. 
A  quorum  present. 

The  Convention  resumed  the  consideration  of  Article  XI, 
on  the  Judiciary  Department. 

The  question  was,  Shall  the  Justices  of  the  Supreme  Court 
be  elected  ? 

The  yeas  and  nays  were  called  for. 

The  A'ote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Broome,  Bush,  Campbell,  Carter, 
Carr,  Carson,  Challen,  Chandler,  Earle,  Edge,  Fowler,  Gibbs, 
Goodbread,  Goss,  Greeley,  Hargret,  Hatch,  Henderson,  Hern- 
don, Hicks,  Hope,  Lesley,  Lewis,  Lutterloh,  Mann,  Marshall, 
Miller,  Mitchell,  McKinnon,  Neel,  Orman,  Parker,  Pelot,  Petty, 
Rogers,  Sanchez,  Sheats,  Stone,  Swearingen,  Tedder.  Thomp- 
son, Tolbert,  Tompkins,  TurnbuU,  Walker,  Jr.,  Wall,  West- 
cott, Wilson  of  Clay,  Wilson  of  Polk  and  Manatee  and  Zip- 
perer— 54. 

Nays — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Clarke, 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  David, 
son,  Davis,  Duncan,  Fogarty,  Genovar,  Gillis,  Green,  Haus- 
man, Hocker,  Humphries,  Ives,  Johnston,  Jones,  Landrum, 
Love,  Msilone,  Maxwell,  Milton,  Morgan,  McCaskill,  McClellan, 
Odom,  Oliveros,  Paterson,  Randall  of  Duval,  Randell  of  Madi- 
son, Randolph,  Richard,  Rowe,  Scott,  Speer,  Wadsworth, 
Weeks,  Wellman,  W^dly  and  Yonge — 45. 

So  it  was  agreed  that  the  Justices  of  the  Supreme  Court 
should  be  elected. 

The  question  was,  How  shall  they  be  elected  ? 

Mr.  Malone  moved  that  they  be  elected  by  the  Legisla- 
ture. 


333 


Mr.  Walker  moved  to  lay  the  motion  of  Mr.  Malone  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Broome,  Bush,  Carter,  Carr,  Carson, 
Challen.  Chandler,  Conover,  Duncan,  Earle,  Edge,  Fowler, 
Gibbs,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch, 
Henderson,  Hicks,  Hocker,  Hope,  Humphries,  Landrum, 
Lesley,  Lewis,  Lutterloh,  Mann,  Marshall,  Miller,  Mitchell, 
McKinnon,  Xeel,  Orman,  Parker,  Pelot,  Pettj^,  Rogers, 
Sanchez,  Sheats,  IStone,  Tavlor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Walker,  Jr.,  Wall,  Westcott,  Wilson  of  Polk  and 
Manatee  and  Zipperer — 56. 

Nays — Messrs.  Bethel,  Blackburn,  Blount,  Campbell,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,,  Davidson, 
Davis,  Fogarty,  Genovar,  Gillis,  Hausman,  Hern- 
don,  Ives,  Johnston,  Jones,  Love,  Malone,  Maxwell,  Milton, 
Morgan,  McCaskill,  McClellan,  Odom,  Oliveros,  Pater- 
son,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rowe,  Scott,  Speer,  Swearingen,  TurnbuU,  Wads- 
worth,  Walter,  Weeks,  Wellman,  Wilson  of  Clay,  Wylly 
and  Yonge — ^44. 

So  the  motion  to  la}'  on  the  table  was  agreed  to. 

Mr.  Mann  moved  to  elect  the  Justices  of  the  Supreme  Court 
by  the  vote  of  the  qualified  electors  of  the  State  at  large. 

The  yeas  and  na3^s  were  called  for. 

The  vote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Broome,  Bush,  Campbell,  Carter, 
Carr,  Carson,  Challen,  Chandler,  Conover,  Earle,  Edge,  Fowler, 
Gibbs,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hen- 
derson, Herndon,  Hicks,  Hojje,  Humphries,  Hunter,  Les- 
ley, Lewis,  Lutterloh,  Mann,  Marshall,  Miller,  Mitchell,  wc- 
Kinnon,  Xeel,  Orman,  Parker,  Pelot,  Petty,  Rogers,  Sanchez, 
Sheats,  Stone,  Swearingen,  Tedder,  Thompson,  Tolbert,  Tomp- 
kins, Turnbull,  Walker,  Jr.,  Wall,  Westcott,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee  and  Zipperer — 58. 

Nays — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis, 
Duncan,  Fogarty,  Genovar,  Gillis,  Hausman  Hocker,  Ives, 
Johnston,  Jones,  Landrum,  Love,  Malone,  Maxwell.  Milton, 
Morgan,  McCaskill,  McClellan,  Odom,  Oliveros,  Patterson, 
Randall  of  Duval,  Randell  of  Madison,  Randolph,  Richard, 
Rowe,  Scott,  Speer,  Taylor,  Wadsworth,  Walter,  Weeks,  Well- 
man,  Wylly  and  Yonge — 43. 


334 


So  the  motion  was  agreed  to. 

The  next  question  was,  Shall  the  Circuit  Judges  be  elected  ? 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Broome,  Bush,  Carter,  Carr,  Carson,  Chandler, 
Conover,  Earle,  Fowler,  Gibbs,  Goodbread,  Gross,  Greeley, 
Hargret,  Hatch,  Henderson,  Herndon,  Hicks,  Hope,  Hum- 
phries, Hunter,  Ives,  Landrum,  Lewis,  Lutterloh,  Mann,  Mil- 
ler, Mitchell,  Morgan,  McKinnon,  Neel,  Orman,  Parker,  Pelot, 
Petty,  Rogers,  Rowe,  Sanchez,  Sheats,  Stone,  Swearingen, 
Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Walker,  Jr., 
Wall,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Mana- 
tee and  Zipperer — 55. 

Nays — Mr.  President,  Messrs.  Bennett,  Bethel,  Blackburn, 
Blount,  Campbell,  Challen,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan,  Edge, 
Fogarty,  Genovar,  Gillis,  Green,  Hausman,  Hocker,  Johnston, 
Jones,  Lesley,  Love,  Malone,  Maxwell,  Milton,  McCaskill,  Mc- 
Clellan,  Odom,  Oliveros,  Parkhill,  Paterson,  Randall  of  Du- 
val, Randell  of  Madison,  Randolph,  Richard,  Scott,  Speer, 
Turnbull,  Wadsworth,  Walter,  Weeks,  Wellman,  Wylly  and 
Yonge — 41. 

So  it  was  agreed  that  the  Judges  of  Circuit  Courts  should 
be  elected. 

The  question  was :    How  shall  they  be  elected  ? 
Mr.  Bethel  moved  that  the  Circuit  Judges  be  elected  by  the 
State  at  large. 

Mr.  Malone  offered  as  a  substitute  that  the  Circuit  Judges 
be  elected  by  the  Legislature. 

Mr,  Tolbert  moved  to  lay  the  substitute  on  the  table. 
The  yeas  and  nays  were  called  for 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Broome,  Bush,  Carter,  Carr,  Car- 
son, Challen,  Chandler,  Conover,  Duncan,  Earle,  Fogarty, 
Fowler,  Gibbs,  Goodbread,  Goss,  Greeley,  Hargret,  Hatch, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hunter,  Lan- 
drum, Lewis,  Lutterloh,  Mann,  Miller,  Mitchell,  McKinnon, 
Neel,  Orman,  Parker,  Parkhill,  Pelot,  Petty,  Rogers,  Rowe, 
Sanchez,  Sheats,  Spcer,  Stone,  Taylor,  Tedder,  Thompson,  Tol- 
bert, Tompkins,  Turnbull,  Walker,  Jr.,  Wall,  Walter,  West- 
cott, Wilson  of  Polk  and  Manatee,  Wylly  and  Zipperer— 6L 

Nays — Messrs.  Blount,  Campbell,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Edge,  Genovar, 
Gillis,  Green,  Hausman,    Humphries,  Ives,  Johnston,  Jones, 


335 


Lesley,  Love,  Malone,  Maxwell,  Milton,  Morgan,  McCaskil], 
McClellan,  Odom,  Oliveros,  Paterson,  Randall  of  Duval,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Scott,  Swearingen,  Wads- 
worth,  Weeks,  Wellman,  Wilson  "f  Clay  and  Yonge — 39. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Mann  moved  as  a  substitute,  that  they  be  elected  by 
judicial  circuits^' 

Mr  Bethel  moved  to  lay  the  substitute  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas— Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bethel,  Blackburn,  Broome,  Carter,  Carson, 
Davidson,  Earle,  Fogarty,  Hatch,  Hausman.  Henderson,  Hern- 
don,  Hicks,  Hope,  Hunter,  Ives,  Lesley,  Lutterloh,  Morgan, 
Odom,  Orman,  Parker,  Paterson,  Pelot,  Randell  ot  Madison, 
Richard,  Rogers,  Sanchez,  Sheats,  Speer,  Stone,  Swearingen, 
Taylor,  Tedder,  Wadsworth,  Walker,  Jr.,  Wall,  Weeks,  Wilson 
of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and  Zipperer — 46. 

^s[ays — Messrs.  Baker,  Blount,  Bush,  Campbell,  Carr,  Chal- 
len,  Chandler,  Clarke  of  Jeflerson,  Clark  of  Jackson,  Coker, 
Conover,  Cook,  Davis,  Duncan.  Edge,  Fowler,  Genovar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hocker, 
Humphries,  Johnston,  Jones,  Landruui,  Lewis,  Love,  Malone, 
Mann,  Maxwell,  Miller,  Milton,  M  tchell,  McCaskill,  McClel- 
lan, McKinnon,  Neel,  Oliveros,  Parkhill,  Petty,  Randall  of 
Duval,  Randolph,  Rowe,  Scott,  Thompson,  Tolbert,  Tompkins, 
Turnbull,  Walter,  Wellman,  Westcott  and  Yonge — 56. 

So  the  motion  to  lay  the  substitute  on  the  table  was  not 
agreed  to. 

The  question  was  then  upon  the  adoption  of  the  substitute 
offered  b}^  Mr.  Mann  in  place  of  the  original. 
Th3  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bethel,  Blount,  Bush,  Campbell,  Carr,  Challen, 
Chandler,  riarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook, 
Davis,  Edge,  Fogarty,  Fowler,  Genovar,  Giubs,  Gillis,  Good- 
bread,  Go«i5,  Greeley,  Green,  Hargret,  Humphries,  Hunter, 
Johnston,  Landrum,  Lewi.*,  Malone,  Mann,  Maxwell,  Miller, 
Milton,  McCaskill,  McClellan,  McKinnon,  Neel,  Oliveros,  Par- 
ker, Petty,  Randall  of  Duval,  Randolph,  Rowe,  Scott,  Speer, 
Thompson,  Tolbert,  Tompkins,  Walter,  Wellman,  Westcott, 
Wylly  and  Yonge— 56. 

Nays — Mr.  President,  Messrs.  Bennett,  Blackburn,  Broome, 
Carter,  Carson,  Conover,  Davidson,  Earle,  Hatch,  Hausman, 
Henderson,  Herndon,  Hicks,  Hope,  Ives,  Jones,  Lesley,  Love, 


336 


Lutterloh,  Mitchell,  Morgan,  Odom,  Orman,  Parkhill,  Paterson, 
Pelot,  Randell  of  Madison,  Richard,  Rogers,  Sanchez,  Sheats, 
Stone,  Swearingen,  Taylor,  Tedder,  TurnbuU,  Wadsworth, 
Walker,  Jr.,  Wall,  Weeks,  Wilson  of  Clay  Wilson  of  Polk  and 
Manatee  and  Zipperer — 44. 
So  the  substitute  was  adopted. 

Mr.  McClellan  gave  notice  that  he  would,  on  to-morrow, 
move  to  reconsider  the  vote  just  taken. 

Upon  motion  of  Mr.  Bethel  the  Convention  adjourned  until 
9  A.  M.  to-morrow. 


THIRTY-FIRST  DAY. 


THURSDAY,  July  16,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cock, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Getio- 
var,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hausman,  Heiidley,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann, 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  McCas- 
kill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Par- 
ker, Parkhill,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Ran- 
dell of  Madison,  Randolph  Richard,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Thompson,  Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Walker, 
Jr.,  Wall,  Walter,  Weeks,  West(;ott,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 104. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 


337 


Which  was  agreed  to 
The  Journal  was  corrected  and  approved. 
Messenger  Geo.  Dice  was  excused  on  account  of  sickness. 
Page  J.  W.  Johnston  was  also  excused  on  account  of  sick- 
ness. 

Mr.  Hendley,  of  Hernando,  rose  to  a  question  of  privilege, 
and  stated,  That  in  the  Times-Union^  of  the  14th  inst.,  I  find 
the  following  words  in  reference  to  a  speech  made  by  myself: 
"  Although  several  ladies  were  present  he  quite  forgot  hiba- 
self,  and  used  some  irreverent  and  profane  expressions." 

Mr.  President,  this  is  false.  In  the  heat  of  debate  I  did  say 
"  My  God  Almighty."  I  used  the  expression  as  a  public 
speaker  uses  it.  There  was  no  profanity  in  the  expression, 
and  I  meant  none.  If  there  is  a  delegate  in  this  Convention 
that  thinks  I  used  profane  or  any  language  unbecoming  in  a 
gentleman,  let  him  rise  up.  I  pause  to  see  if  there  is  one.  I 
see  not  one.  Then  this  Convention  has  also  pronounced  it  a 
falsehood,  and  I  am  satisfied. 

The  following  resolution,  offered  by  Mr.  Rogers  on  yester- 
day, came  up  for  consideration,  and  was  read : 

Mesolved^  That  after  the  final  reading  of  the  Constitution 
the  members  of  this  Convention  will  proceed  to  sign  the  same, 
in  response  to  a  call  of  counties  or  Senatorial  Districts,  giving 
name^  county,  post-office,  date  of  birth,  nativity,  and  how  many 
years  a  citizen  of  Florida.  Absent  members  shall  have  the 
privilege  of  signing  their  names  on  blank  pages  of  paper  and 
have  them  attached  to  the  Constitution. 

Mr.  Challen  moved  to  amend  the  resolution  by  striking  out 
all  the  words  after  the  word  post-office." 

Mr.  Rogers  withdrew  the  resolution. 

The  roll  of  Committees  being  called  the  following  reports 
were  submitted  : 

Mr.  Swearingen,  Chairman  of  the  Committee  on  Militia, 
made  the  following  report :  s 

Convention  Hall,  ) 
Tallahassee,  Fla.,  July  16,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Militia,  to  whom  was  referred — 
Resolution  No.  136,  by  Mr.  Fowler  of  Putnam,  in  relation 
to  Military  Coiapanles  Giving  Bond  Before  Drawing  Arms, 
beg  leave  to  report  that  they  have  had  the  same  under  con- 
sideration, and  rep  )rt  the  same  back  to  the  Convention  with 
the  recommendation  that  it  be  laid  upon  the  table. 


22 


338 


Also  report  Article  — ,  on  the  subject  of  Militia,  and  re- 
quest its  adoption  by  the  Convention. 

Very  respectfully, 

T.  F.  SWEARINGEN, 

Chairman  Committee. 

Which  was  received  and  200  copies  of  the  accompanjnng 
Article  was  ordered  printed  and  placed  among  the  orders  of 
the  day. 

ARTICLE  NO.  — . 

MILITIA. 

Section  1.  All  able-bodied  male  inhabitants  of  the  State  be- 
tween the  ages  of  eighteen  and  forty-five  years,  who  are 
citizens  of  the  United  States,  or  have  declared  their  inten- 
tion to  become  citizens  thereof,  shall  constitute  the  militia 
of  the  State;  but  no  male  citizen  of  whatever  religious  creed 
or  opinion  shall  be  exempt  from  military  duty,  except  upon 
such  conditions  as  may  be  prescribed  by  law. 

Sec.  2.  The  Legislature  may  provide  by  law  for  organizing 
and  disciplining  the  militia  of  the  State,  for  the  encouragement 
of  volunteer  corps,  the  safe-keeping  of  the  public  arms,  and  for 
a  guard  for  the  State  Prison. 

Sec.  3.  The  Adjutant-General  shall  have  the  grade  of  Major- 
Oeneral.  The  Governor,  by  and  with  the  consent  of  the  Sen- 
ate, shall  appoint  two  Major-Generals  and  four  Brigadier-Gen- 
erals of  militia.  They  shall  take  rank  according  to  the  date  of 
their  commissions.  The  officers  and  soldiers  of  the  State  mili- 
tia, when  uniformed,  shall  wear  the  uniform  prescribed  for  the 
United  States  Army  ;  Provided^  That  volunteer  companies 
may  select  their  own  uniforms. 

Sec.  4.  The  Governor  shall  have  power  to  call  out  the  mili- 
tia to  preserve  the  public  peace,  to  execute  the  laws  o  f  the 
State,  to  suppress  insurrection,  or  to  repel  invasion. 

Mr.  Oliveros,  Chairman  of  the  Enrollment  and  Engrossment 
Committee,  made  the  following  report  ; 

Convention  Hall,  Tallahassee,  Fla.,  July  16,  1885. 
Hon.  Samuel  Pasco,  .  ,  ,  , 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 
.Article  No.  9,  on  Education,  beg  to  report  that  they  have 


339 


compared  and  examined  the  same  and  find  it  correctly  en- 
grossed. 

Very  respectfully, 

B.  F.  Oliveros,  Chairman. 
Sam'l  E.  Hope, 
Theodore  Randell. 

Which  was  received. 

The  Convention  resumed  the  consideration  of  Article  XI, 
on  the  Judiciary  Department. 

The  proposition  for  consideration  was,  Shall  the  Judges  of 
the  Circuit  Courts  be  elected  by  the  Circuits  ? 

Mr.  McClellan  moved  to  postpone  further  consideration  of 
the  pending  question  until  Saturday,  10  o'clock. 

Mr.  Sanchez  moved  to  lay  the  motion  to  postpone  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Blount, 
Broome,  Bush,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Davidson  Earle,  Edge,  Fowler,  Genovar,  Gibbs,  Goodbread, 
Goss,  Greeley,  Hargret,  Hatch,  Henderson,  Herndon, 
Hicks,  Humphries,  Hunter,  Ives,  Landrum,  Lewis,  Lutterloh, 
Mann,  Marshall,  Maxwell,  Miller,  Mitchell,  Morgan,  Mc- 
Caskill,  McKinnon,  Orman,  Petty,  Randall  of  Duval,  Rog- 
ers, Rowe,  Sanchez,  Sheats,  Stone,  Taylor,  Tedder,  Thompson, 
Tolbert,  Tompkins,  Westcott,  Wilson  of  Polk  and  Manatee, 
Yonge  and  Zipperer — 55. 

Nays — Mr.  President,  Messrs.  Bennett,  Bethel,  Blackburn, 
Campbell,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Conover,  Cook,  Davis,  Duncan,  Fogarty,  Gillis,  Green, 
Hausman,  Hocker,  Hope,  Johnston,  Jones,  Lesley,  Love, 
Malone,  Milton,  McClellan,  Neel,  Odom,  Oliveros,  Parkhill, 
Parsons,  Paterson,  Randell  of  Madison,  Randolph,  Richard, 
Scott,  Speer,  Swearingen,  Turnbull,  Wad sworth,  Walker,  Jr., 
Wall,  Walter,  Weeks,  Wellman,  Wilson  of  Clay  and 
Wylly— 44. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Love  moved  that  further  consideration  of  the  pending 
proposition  be  postponed  until  to-morrow. 

Mr.  Tolbert  moved  to  lay  the  motion  to  postpone  on  the 
table ; 

Which  was  agreed  to. 

The  question  was,  Shall  the  Judges  of  the  Circuit  Courts 
be  elected  by  the  Judicial  Circuits  ? 
The  yeas  and  nays  were  called  for. 
The  vote  was : 


340 


.  Yeas— Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Bethel,  Blackburn,  Blount,  Bush,  Campbell,  Carr,  Challen, 
Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook, 
Davidson,  Davis,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hicks,  Hunter,  Ives, 
Johnston,  Landrum,  Lewis,  Malone,  Mann,  Maxwell,  Miller, 
Milton,  Mitchell,  Morgan,  McCaskill,  McClellan,  McKinnon, 
Neel,  Oliveros,  Parker,  Petty,  Randall  of  Duval,  Randell  of 
Madison,  Randolph,  Rowe,  Speer,  Taylor,  Thompson,  Tolbert, 
Tompkins,  Wadsworth,  Walter,  Wellman,  Wylly,  Yonge  and 
Zipperer — 63. 

Nays — Mr.  President,  Messrs.  Broome,  Carter,  Carson,  Con- 
over,  Earle,  Hatch,  Hausman,  Henderson,  Herndon,  Hocker, 
Hope,  Humphries,  Jones,  Lesley,  Love,  Lutterloh,  Marshall, 
Odom,  Orman,  Parkhill,  Paterson,  Pelot,  Richard,  Rogers, 
Sanchez,  Scott,  Sheats,  Stone,  Swearingen,  Tedder,  TurnbuU, 
Walker,  Jr.,  Wall,  Weeks,  Westcott,  Wilson  of  Clay  and  Wil- 
son of  Polk  and  Manatee — 38. 

So  the  proposition  was  adopted. 
'  Mr.  Blount  moved  to  take  from  the  table  the  motion  offered 
by  Mr.  McClellan,  on  Tuesday,  as  follows  : 

That  the  Convention,  in  considering  the  Article  upon  the 
Judiciary,  shall  take  up  the  majority  and  minority  reports  of 
the  Judiciary  Committee,  and  consider  them  by  taking  up  the 
last  sections  first,  from  the  last  to  the  first  section  ; 

Which  was  agreed  to. 

Mr.  Sanchez  moved  to  amend  by  striking  out  the  words 
"  and  minority ;" 

Which  was  accepted,  and  the  motion  was  agreed  to. 
Section  23  was  read. 

Mr.  Landrum  offered  to  amend  the  section  as  follows : 

Insert  after  "  State,"  in  3d  line,  "  upon  complying  with  such 
rules  and  regulations  as  may  be  provided  by  law." 

Mr.  Mann  moved  to  lay  the  amendment  on  the  table  ; 
■  Which  was  agreed  to. 

Mr.  Miller  offered  the  following  substitute  : 

Attorneys  at  law  shall  be  admitted  to  practice  in  this  State 
only  on  examination  before  the  Supreme  Court  of  this  State, 
and  attorneys  admitted  to  practice  in  any  other  State  may  be 
admitted  to  practice  here  under  such  rules  as  the  Supreme 
Court  may  prescribe. 

Mr.  Mann  moved  to  lay  the  substitute  on  the  table ; 

Which  was  agreed  to. 

Mr.  Malone  moved  to  strike  out  section  23  ; 

Which  was  agreed  to,  and  section  23  was  stricken  out. 

Section  22  was  read  and  passed  without  amendment. 


341 


Section  21  was  read. 

Mr.  Blount  moved  to  pass  over  section  21  informally  for  the 

present ; 

Which  was  agreed  to. 
Section  20  was  read. 

Mr.  Blount  offered  as  a  substitute  section  28  of  the  minority 
report  as  follows  : 

The  Legislature  may  establish  in  incorporated  towns  and 
cities  courts  for  the  punishment  of  offences  against  municipal 
ordinances. 

Mr.  Green  moved  that  the  Convention  take  a  recess  until  4 
o'clock  P.  M.  to-day ; 
Which  was  agreed  to. 


FOUR  O'CLOCK  P.  M.  ,  . 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamil  ton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Challen,  Chandler,  Clark  of 
Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Earle, 
Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread, 
Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman,  Hendley, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hun- 
ter, Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton; 
Mitchell,  Morgan,  McClellan,  McKinnon,  ISTeel,  Odom,  01- 
iveros,  Orman,  Parker,  Parkhill,  Paterson,  Pelot,  Petty,  Ran- 
dall of  Duval,  Randell  of  Madison,  Randolph,  Richard,  Rogers, 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Tay- 
lor, Tedder,  Thompson,  Tolbert,  Tompkins,  Turnbull,  Wads- 
worth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Wellman,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge 
and  Zipperer — 101. 

A  quorum  present. 

Mr.  McCaskill  was  excused  for  the  day  on  account  of  sick- 
ness. 

Mr.  Green  asked  that  a  petition  presented  by  him  from  the 
citizens  of  Holmes  county  a  few  days  ago  be  taken  from  the 
table  and  referred  to  the  Committee  on  County,  Township  and 
City  Organization ; 


342 


Which  was  agreed  to,  and  the  petition  was  so  referred, 
i  The  consideration  of  Article  XI,  on  the  Judiciary,  was  re- 
sumed. 

The  substitute  for  Section  20,  offered  by  Mr.  Blount,  was 
read. 

Mr.  Hicks  offered  to  amend  the  substitute,  as  follows : 

By  adding  And  quarantine  regulations,  with  such  limita^ 
tions  as  may  be  prescribed  by  law.  " 

The  question  was  on  the  adoption  of  the  amendment. 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
*  Which  was  agreed  to. 

The  question  was  then  on  the  adoption  of  the  substitute ^ 
offered  by  Mr.  Blount. 

Mr.  Carter  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  not  agreed  to. 

Mr.  Yonge  then  moved  the  adoption  of  the  substitute  in 
lieu  of  the  orisjinal ; 
Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  Section  ; 
Which  was  agreed  to,  and  the  Section  was  passed. 
Section  19  was  read. 

Mr.  Landrum  moved  to  strike  out  the  Section ; 
Which  was  agreed  to,  and  the  Section  was  stricken  out. 
Section  18  was  read. 
Mr.  Yonge  offered  to  amend  as  follows : 
Strike  out  "  under  such  instructions,"  in  lines  3  and  4  ; 
'   Which  was  accepted. 

Mr.  Yonge  offered  to  amend  further : 

After  "  and,"  in  line  2,  add  "  each  Justice's  District  shall 
have  at  least  one  Constable,"  striking  out  all  from  "  and  "  to 
"  Constable;" 

Which  was  agreed  to. 

Mr.  Landrum  offered  the  following  substitute : 

A  Constable  shall  be  elected  by  the  registered  voters  in  each 
Justice's  District  who  shall  perform  such  duties  and  under 
such  instructions  as  may  be  prescribed  bylaw. 

Mr.  Yonge  moved  to  lay  the  substitute  on  the  table ; 

Which  was  not  agreed  to. 

The  question  was  then  on  the  passage  of  the  substitute  in 
lieu  of  the  original  section  ; 

Which  was  agreed  to,  and  the  substitute  was  declared 
adopted. 

Section  17  was  read. 

Mr.  Malone  offered  the  following  substitute  : 
The   County  Commissioners  of  each  county  shall  divide 
it  into  as  many  Justice  Districts,  not  less  than  two,  as  they 


343 


may  deem  necessary.  The  G-overnor  shall  commission,  upon  the 
recommendation  of  the  G-rand  Jury  of  the  county,  one  Justice 
of  the  Peace  for  each  of  said  districts.  He  shall  hold  his  office  fof 
four  years.  Every  Justice  of  the  Peace  shall  have  jurisdiction  in 
cases  at  law  in  which  the  demand  or  value  of  the  property  in- 
volved does  not  exceed  fifty  dollars  and  in  which  the  cause  of 
action  accrued,  or  the  defendant  resides,  in  his  district.  He 
shall  have  power  to  issue  process  for  the  arrest  of  persons 
charged  with  crime,  and  to  make  the  same  returnable  befoje 
himself  or  the  County  Judge  for  examination  and  discharge, 
commitment  or  bail  of  the  accused.  He  shall  have  power  to 
hold  inquests  of  the  dead. 

Upon  motion  of  Mr,  Sanchez  further  consideration  of  sec 
tion  IT  was  postponed  for  the  present. 

Section  16  was  read. 

Mr.  Walter  oflered  to  amend  as  follows  ; 

The  salarv  of  the  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court  shall  be  $3,500.00  per  annum  ;. 

Which  was  not  agreed  to. 

Mr.  Walter  offered  the  following  amendment  : 

T\,e  salary  of  each  of  the  Circuit  Judges  shall  be  three 
thousand  dollars. 

Mr.  Goss  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Goodbread  offered  to  amend  as  follows  : 

Inline  second  strike  out  "three'"  and  insert two."  la 
same  line  strike  out  "two  thousand,"  and  insert  "fifteen  hun- 
dred." 

Mr.  McKinnon  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Taylor  offered  the  following  substitute: 

Section  16.  The  salary  of  the  Chief  Justice  shall  be  four 
thousand  five  hundred  dollars  per  annum,  and  of  the  Associate 
Ju>tices  of  the  supreme  Court,  four  thousand  dollars  per  an- 
num. The  salary  of  the  Circuit  Judges  shall  be  three  thous- 
and five  hundred  dollars  per  annum; 

Which  was  tabled  on  motion  of  Mr.  McKinnon. 

Section  16  was  then  passed  as  read. 

Section  15  was  read  a  (id  adopted 

Section  14  was  read. 

Mr.  Rogers  offered  to  amend  as  follows  : 

Grand  and  Petit  Jurors  shall  consist  of  the  mo.-t  intelligent, 
upright  citizens,  to  be  taken  from  the  registered  voters  of  the 
respective  counties.  Xo  Juror  shall  serve  for  more  than  one 
term  of  court  in  each  year  ; 

Which,  upon  motion,  was  laid  on  the  table. 


344 


Mr.  Wellman  offered  to  amend  as  follows : 
Strike  out  in  line  one  "  registered  voters,"  and  insert  "  free- 
holders," 

Mr.  Maxwell  offered  to  amend  the  amendment  as  follows  : 
Strike  out  the  words  "the  registered  voters  of  the  re  spec 

tive  counties,"  and  substitute  "  persons   of  the  respective 

counties  eligible  to  registration  as  voters ;  " 
Which  was  accepted  by  Mr.  Wellman. 

The  question  was  on  the  adoption  of  the  amendment  as 
amended ; 

Which  was  adopted. 

Mr.  Malooe  offered  to  amend  by  striking  out  the  first  clause  ; 
Which  was  agreed  to. 

Mr.  Taj^lor  offered  the  following  amendment : 
Add  at  the  end  of  the  section  the  following  :  "  but  shall  not 
be  less  than  six  in  any  case  ;" 
Which  was  agreed  to. 

Mr.  Paterson  offered  the  following  amendment : 

The  number  of  grand  jurors  shall  be  twenty-three,  and  the 

number  of  petit  jurors  in  any  case,  shall  be  twelve,  in  Circuit 

Court. 

Mr.  Randolph  moved  to  lay  the  amendment  on  the  table ; 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamil- 
ton, Blackburn,  Blount,  Broome,  Campbell,  Carter,  Carson, 
Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Grenovar,  Gillis,  Groodbread, 
Green,  Hatch,  Hendley,  Herndon,  Hocker,  Humphries,  Hun- 
ter, Jones,  Landrum,  Love,  Lutterloh,  Malone,  Mann,  Mar- 
shall, Maxwell,  Milton,  Morgan,  McClellan,  Odom,  Oliveros, 
Orman,  Parker,  Parkhill,  Pelot,  Randall  of  Duval,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Sheats,  Speer,  Stone,  Swear- 
ingen,  Taylor,  Turnbull,  Weeks,  Wellman,  Westcott,  Wilson 
of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge 
—64. 

Nays — Messrs.  Baker,  Bennett,  Bethel,  Bush,  Carr,  Chal- 
len.  Chandler,  Clarke  of  Jefferson,  Conover,  Gibbs,  Gree- 
ley, Hargret,  Hausman,  Henderson,  Hicks,  Hope,  Ives, 
Johnston,  Miller,  Mitchell,  McKinnon,  Neel,  Paterson,  Petty, 
Randell  of  Madison,  Scott,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Wadsworth,  Walker,  Jr.,  and  Walter — 33. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Rogers  offered  to  amend  as  follows : 

Their  pay  shall  be  two  dollars  for  each  day's  actual  attend- 


345 


ance,  and  mileage  at  5  cents  per  mile,  from  their  respective 
places  of  residence  to  and  from  the  Court  House. 

Mr.  Bush  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Section  14  was  then  passed  as  amended. 

Section  13  was  read. 

Mr.  Hocker  offered  the  following  amendment : 
Strike  out  all  down  to  the  word  "  there,"  in  3d  line. 
Further  consideration  of  Section  13  WfcS  postponed  for  the 
present. 

Section  11  was  read. 

Mr.  McKinnon  moved  to  amend  by  striking  out  the  words 
"  County  Court  "  wherever  it  may  occur,  and  insert  in  lieu- 
thereof  the  words  "  Probate  Court,"  and  strike  out  after  the 
word    years,"  in  line  four. 

Pending  discussion  the  Convention  adjourned  until  9  o'clock 
A.  M.  to-morrow. 


THIRTY-SECOND  DAY. 


FRIDAY,  July  17,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome^ 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hausman,  Hendle}^,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mann, 
Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  Mc- 
Clellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parkin,  Parsons,  Paterson,  Pelot,  Petty,  P^andall  of  Duval, 
Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe,  Sanchez, 


346 


Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Thompson,  Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Walker, 
Jr.,  Wall,  Walter,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson 
of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 104. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Rogers  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

The  roll  of  Committees  being  called  the  following  reports 
were  submitted : 

Mr.  Mann,  Chairman  of  the  Committee  on  Suffrage  and 
Eligibility,  made  the  following  report : 

Majority  Report.] 

Convention  Hall,  Tallahassee,  Fla.,  July  IT,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Suffrage^^nd  Eligibility  to  whom 
was  referred — 

Resolution  No.  53,  by  Mr.  Johnston ;  Resolution  No.  52,  by 
Mr.  Miller  ;  Resolution  No.  13,  by  Mr.  Stone  ;  Resolution  No. 
64,  by  Mr.  Parkhill ;  Resolution  No.  8,  by  Mr.  Fowler  ;  Reso- 
lution No.  11,  by  Mr.  Morgan  ;  Resolution  No.  93,  by  Mr. 
Lutterloh ;  Resolution  No.  7,  by  Mr.  Miller ;  Resolution  No. 
88,  by  Mr.  Bush ;  Resolution  No.  ^3,  by  Mr.  Hicks  ;  Resolu- 
tion No.  26,  by  Mr.  Mitchell;  Resolution  No.  107,  by  Mr. 
Good  bread  ;  Resolution  No.  134,  by  Mr.  Stone;  Resolution 
No.  44,  by  Mr.  Orman ;  Resolution  No.  45,  by  Dr.  Pelot  ; 
Resolution  No.  49,  by  Mr.  Sanchez,  and  Resolution  No.  97,  by 
Mr.  Goss ; 

Beg  leave  to  report  that  they  have  duly  considered  the  mat- 
ter above  recited,  and,  in  view  of  a  division  among  the  Com- 
mittee upon  the  advisability  of  making  the  payment  of  a  poll 
tax  as  a  qualification  for  voting,  they  are  of  the  opinion  that 
it  would  be  a  dangerous  clause  to  insert  in  the  body  of  this 
Article,,  and  therefore  submit  a  separate  ordinance,  which  may 
be  adopted  or  rejected  without  affecting  the  ratification  of  the 
Constitution.  In  this  our  Committee  stood  9  to  2. 
Very  respectfully, 

A.  S.  Mann, 
Chairman  Committee. 

'  Which  was  received. 


347 


ARTICLE  XIY. 

SUFFRAGE  AND  ELIGIBILITY. 

Section  1.  Every  male  person  of  the  age  of  twenty-one 
years  and  upwards,  who  shall,  at  the  time  of  offering  to  vote, 
be  a  citizen  of  the  Uniled  States,  or  who  shall  have  declared 
his  intention  to  become  such  in  conformity  to  the  laws  of  the 
United  States,  and  who  shall  have  resided  and  had  his  habita- 
tion, domicile,  home  and  place  of  permanent  abode  in  Florida 
for  one  year,  and  in  the  county-  for  six  months  next  preceding 
the  election  at  which  he  shall  offer  to  vote,  shall  in  such  coun- 
ty be  deemed  a  qualified  elector  at  all  elections  under  this 
Constitution.  Every  elector  shall  at  the  time  of  his  registra- 
tion take  and  subscribe  to  the  following  oath  :  ''I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitu- 
tion of  the  United  States  and  of  the  State  of  Florida,  that  I 
am  twenty-one  years  of  age,  and  have  been  a  resident  of  the 
State  of  Florida  for  twelve  months  and  of  this  county  six 
months,  and  I  am  qualified  to  vote  under  the  Constitution  of 
the  State  of  Florida." 

Sec.  2.  No  person  under  guardianship,  non  compos  mentis  or 
insane  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  felony  by  a  court  of  record  be  qualified 
to  vote  at  any  election  unless  restored  to  civil  rights. 

Sec.  3.  The  legislature  shall  have  power  and  shall  enact  the 
necessary  laws  to  exclude  from  every  office  of  honor,  power,  trust 
or  profit,  civil  or  military,  within  the  State,  and  from  the  right  of 
suffrage,  all  persons  convicted  of  bribery,  perjury,  larceny,  or 
of  infamous  crime,  or  who  shall  make  or  become  directly  or 
indirectly  interested  in  any  bet  or  wager,  the  result  of  which 
shall  depend  upon  any  election ;  or  who  shall  hereafter  fight  a 
duel  or  send  or  accept  a  challenge  to  tight,  or  who  shall  be  a 
second  to  either  party,  or  be  the  bearer  of  such  challenge  or 
acceptance  ;  but  the  legal  disability  shall  not  accrue  until  after 
trial  and  conviction  by  due  form  of  law. 

Sec.  4.  Any  person  who  shall  give,  or  promise  or  offer  to 
give,  to  an  elector  any  money,  reward  or  other  valuable 
consideration  for  his  vote  at  an  election  in  this  State,  or  for 
witholding  the  same,  or  who  shall  give  or  promise  to  give  such 
consideration  to  any  other  person  or  party  for  such  elector's 
vote,  or  for  the  withholding  thereof,  and  any  elector  who  shall 
receive  or  agree  to  receive  for  himself  or  for  another,  any 
money,  reward  or  other  valuable  consideration  for  his  vote  at 
an  election,  or  for  withholding  the  same,  shall  thereby  forfeit 
the  right  to  vote  at  such  election,  and  any  elector  whose  right 
to  vote  shall  be  challenged  for  such  cause  before  the  election 


348 


officers  shall  be  required  to  swear  or  affirm  that  the  matter  of 
the  challenge  is  untrue  before  his  vote  shall  be  received. 

Sec.  5.  Any  person  who  shall,  while  a  candidate  for  office, 
be  guilty  of  bribery,  fraud,  or  wilful  violation  of  any  election 
law,  shall  be  forever  disqualified  from  holding  an  office  of  trust 
or  profit  under  the  laws  of  this  State  ;  and  any  person  con- 
victed of  wilful  violation  of  the  election  laws  shall,  in  addi- 
tion to  any  penalties  provided  by  law,  be  deprived  of  the 
right  of  suffrage  absolutely  for  a  term  of  six  years. 

Sec.  6.  In  all  elections  by  the  Legislature  the  vote  shall  be 
viva  voce,  and  in  all  elections  by  the  people  the  vote  shall  be 
by  ballot. 

Sec.  7.  Every  ballot  voted,  when  the  voter  shall  request  the 
same,  shall  be  numbered,  the  number  placed  thereon  shall  be 
recorded  by  the  election  officers  on  the  list  of  voters  opposite 
the  name  of  the  voter,  with  the  fact  that  it  was  done  at  the 
voter's  request.  The  election  officers  shall  be  sworn  or  affirm- 
ed not  to  inquire  or  disclose  how  any  elector  shall  have  voted. 
In  all  ca^es  of  contested  elections  the  ballots  cast  may  be 
counted,  compared  with  the  list  of  voters  and  examined  under 
such  safeguards  as  may  be  provided  by  law. 

Sec.  8.  The  Legislature,  at  its  first  session  after  the  rati- 
fication of  this  Constitution,  shall  by  law  provide  for  theregis- 
tration,  by  the  Clerk  of  the  Circuit  Court  in  each  county,  of  all 
the  legally  qualified  voters  in  each  county,  and  for  the  returns 
of  elections ;  and  shall  also  provide  that  after  the  completion, 
from  time  to  time,  of  such  registration,  no  person  not  duly 
registered  according  to  law  shall  be  allowed  to  vote. 

AN  ORDINANCE 

To  be  voted  upon  separate  from  the  Constitution,  to  become  a 
part  of  the  Constitution  if  adopted. 
That  in  addition  to  the  requisite  qualifications  of  an  elector 
of  this  State  as  recited  in  Section  one  of  this  Article  :  No  per- 
son shall  be  deemed  such  qualified  elector  until  he  shall  have 
paid  each  year  a  capitation  tax  not  to  exceed  one  dollar,  as  shall 
be  provided  by  law. 

A.  S.  Mann,  Chairman  of  Committee. 
Messrs.  Turnbull  and  Odom  offered  the  following  minority 
report : 

Minority  Report.] 

Convention  Hall,  Tallahassee,  Fla.,  July  11,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 
Sir  :    The  undersigned  agree  in  the  main  with  the  majority 


849 


report,  except  as  to  Section  7.  The  effect  of  this  section,  as 
we  think,  will  tend  to  destroy  the  secrecy  of  the  ballot.  They 
also  dissent  from  the  majorit}^  .of  the  Committee  as  to  the  or- 
dinance. They  believe  that  it  should  be  made  a  section  of 
Article  XIY,  and  not  be  submitted  as  a  separate  vote,  and  so 
recommend. 

Yer}^  respectfully, 

S.  J.  TURNBULL, 

E.  L.  Odom. 

Which  was  also  received. 

Mr.  Gribbs  gave  notice  that  he  would  submit  a  minority  re- 
port on  to-morrow. 

Mr.  Yonge,  Chairman  of  the  Committee  on  Count}^  Town- 
ship and  City  Organization,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  17,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  County,  Township  and  City  Or- 
ganization, to  whom  was  referred — 

A  petition  from  certain  citizens  of  Holmes  count}^  praying  a 
changing  of  the  county  lines  of  said  county  by  which  a  portion 
of  the  territory  of  said  county  would  be  added  to  Walton 
county,  also  a  counter  petition  signed  bv  267  other  citizens  of 
Holmes  county,  protesting  against  any  such  action, 

Beg  leave  to  report  that  the}^  have  had  both  petitions  under 
consideration,  and  recommend  that  no  action  be  taken  by  this 
Convention  interfering  with  the  county  lines  of  said  counties. 
Yery  respectfully, 

J.  E.  YoNGE,  Chairman 
Committee  on  County,  Township  and  City  Organization. 

Mr.  Green  moved  that  the  report  be  received  and  adopted  ; 
Which  was  agreed  to. 

The  consideration  of  Article  XI,  on  Judiciary,  was  re- 
sumed. 

Mr.  Carter  moved  that  further  consideration  of  Article  XI 
be  postponed  until  10  o'clock  A.  M.  Tuesday  next ; 
Which  was  agreed  to. 

Mr.  Hicks  gave  notice  that  he  would  on  to-morrow  move  to 
reconsider  the  vote  by  which  the  following  amendment  to  sec- 
tion 26,  Article  XI,  was  lost: 

And  quarantine  regulations,  with  such  limitations  as  may 
be  prescribed  by  law." 

Mr.  Walter  moved  that  500  additional  copies  of  the  Journal 
be  ordered  printed  each  day. 


350 


Mr.  Swearingen  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

Article  Xli,  on  Finance  and  Taxation,  was  read  a  third 
time. 

Mr.  Challen  moved  to  amend  section  6  by  striking  out  the 
words    tax  on  "  just  beforii  the  word  licenses  ; 
Which,  upon  motion,  was  laid  upon  the  table. 
Mr.  Walker,  Jr.,  offered  to  amend  sect  on  6  as  follows  : 
After  ''tax,"  in  4th  line,  a  id    license  ta\:  "  in  3d  line. 
Mr.  Blount  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Walker,  Jr.,  moved  to  strike  out  sectioa  9. 
Mr.  Blount  moved  to  lay  the  m  -tiou  to  strike  out  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs  Bell  of  Brevard  and  Dade,  Bennett,  Bethel, 
Blackburn,  Blount,  Campbell,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Cook,  Davis,  Duncan,  Edge,  Genovar,  Good- 
bread,  Hatch,  Hausman,  Hendiey  Herndon,  Hicks,  Hocker, 
Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum,  Love, 
Maxwell,  Miller,  Milton,  Morgan,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph,  Rich- 
ard, Rogers,  Rowe,  Scott,  Speer,  Swearingen,  Turnbull,  Wads- 
worth,  Wall,  Walter,  Weeks,  Wellman,  Westcott,  Wilson  of 
Clay,  Wylly  and  Yonge--62. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Broome,  Bush,  Carr, 
Carson,  Challen,  Chandler,  Conover,  Davidson,  Earle,  Fo- 
garty.  Fowler,  Gibbs,  Gillis,  Goss,  Greeley,  Hargret,  Hender- 
son, Lesley,  Lutterloh,  Marshall,  Mitchell,  Petty,  Sanchez, 
Sheats,  Stone,  Taylor,  Tedder,  Thompson,  Tolbert,  Tomp- 
kins, Walker,  Jr.,  Wilson  of  Polk  and  ^Manatee  and  Zipperer 
—35. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 
Mr.  Blount  moved  to  strike  out  the  word     that  "  at  the  be- 
ginning of  section  10  ; 
Which  was  agreed  to. 

Mr.  Hicks  offered  to  amend  section  10  as  follows  : 
After  the  word  "  personal,"  in  iirst  line,  insert  the  words 
"  and  real." 

Mr.  Wilson  offered  to  amend  the  amendment  as  follows  : 
Amend  by  striking  out  the  word  "  personal  "  in  first  line; 
Which  was  accepted  by  Mr.  llioks. 
The  question  was  upon  the  adoption  of  the  amendment ; 


351 


Which  was  agreed  to. 

Mr.  Challen  moved  to  amend  Section  10  as  follows  : 
Strike  out  words  '^or  by  misfortune,"  at  the  end  of  the  sec- 
tion. 

Mr.  Swearingen  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Upon  motion  of  Mr.  Coker,  Hon.  A.  C.  White,  of  Jackson 
county,  was  invited  to  a  seat  within  the  bar. 

Mr.  Taylor  moved  to  amend  Section  6  by  changing  the  word 
"corporations  "  to    municipal,"  in  third  line. 

Mr.  Challen  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amend- 
ment ; 

Which  was  agreed  to,  and  the  section  was  so  amended. 
The  question  was  upon  the  final  passage  of  Article  XII. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Camp- 
bell, Carter,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Goodbread,  Greeley,  Green,  Haus- 
man,  Hendley,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis, 
Love,  Lutterloh  Mann,  ^laxwell,  Milton,  Morgan,  McClellan, 
McKinnon,Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Par- 
sons, Paterson,  Pelot,  Randall  of  Duval,  Randell  of  Madison, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Swear- 
ingen, Taylor,  Tolbert,  Tompkins,  Turnbull,  Wadsworth, 
Wall,  Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly  and  Yonge — 80. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Carr,  Challen, 
Chandler,  Conover,  Hargret,  Hatch,  Henderson,  Mar- 
shall, Miller,  Mitchell,  Petty,  Stone,  Tedder,  Thomp- 
son, Walker,  Jr.  and  Walter — 18. 

So  the  Article  was  declared  adopted. 

Mr.  Maxwell  gave  notice  that  he  would  call  up  Article  Y, 
on  Executive  Department,  for  a  final  passage  on  to-morrow. 

Mr.  McKinnon  obtained  leave  and  introduced  the  folio  vving 
new  Rule  : 

Rule  — No  Article,  Ordinance  or  Resolution  to  be  incor- 
porated in  this  Constitution,  shall  be  amended  on  its  third 
reading,  without  the  unanimous  consent  of  the  Convention  ; 

Which  was  laid  over,  until  to-morrow  under  the  rules. 


852 


Article  X  was  again  read  a  third  time,  and  put  upon  its  final 
passage. 

Mr.  Rogers  offered  to  amend  section  2  as  follows  : 
In  line  one,  after  the  word     be "  strike  out  the  word 
"established  "  and  insert  "  permanentl}'  located." 

Mr.  Lutterloh  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Beli  ef  Brevard  and  Dade,  Bennett,  Blount, 
Campbell,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Genovar, 
Green,  Hausman,  Hendley,  Henderson,  Herndon,  Hocker, 
Humphries,  Jones,  Landrum,  Lesle}^  Love,  Lutterloh,  Max- 
well, Milton,  Morgan,  McClellan,  McKinnon,  Neel,  Odom, 
Oliveros,  Orman,  Parker,  Parsons,  Paterson,  Bandell  of 
Madison,  Richard,  Rowe,  Scott,  Speer,  Stone,  Swearingen,  Tay- 
lor, Tedder,  Tolbert,  Turnbull,  Wadsworth,  Weeks,  Westcott, 
Wilson  of  Clay  and  Yonge — 54. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Broome, 
Bush,  Carr,  Carson,  Challen,  Chandler,  Conover,  Fowler,  Gibbs, 
Goss,  Greeley,  Hargret,  Hicks,  Hunter,  Johnston,  Lewis,  Mar- 
shall, Miller,  Mitchell,  Pelot,  Pettj^,  Randall  of  Duval,  Rogers, 
Sanchez,  Sheats,  Thompson,  Walker,  Jr.,  Walter,  Wylly  and 
Zipperer— 33. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Walker,  Jr.,  offered  the  following  amendment  to  sec- 
tion 2  : 

Strike  out  all  down  to  "  law  "  and  insert  "  a  penitentiary 
which  shall  be  the  State  Prison  shall  be  permanently  estab- 
lished and  maintained  in  such  manner  as  may  be  fixed  by  law 

Which  was  accepted  by  the  Chairman  of  the  committee,  and 
the  President  stated  that  if  there  was  no  objection  the  amend- 
ment would  be  declared  adopted,  and  there  being  none  it  was 
so  announced. 

Mr.  Yonge  stated  that  he  did  not  understand  the  amendment 
as  being  adopted. 

The  President  stated  that  if  there  was  a  doubt  as  to  its 
passage,  the  question  would  be  submitted  to  a  vote  of  the 
House. 

No  objection  being  offered,  this  was  done,  and  the  amend- 
ment ofiered  by  Mr.  Wal|ier,  Jr.,  was  not  agreed  to. 
Mr.  Walker  moved  to  strike  out  Section  2. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 


353 


Hamilton.  Bash,  Chandler.  Conover.  Fowler,  Gross.  Lewis, 
Mann,  Miller,  Petty  and  Walker.  Jr.— 13. 

Xays — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Campbell,  Carr,  Carson.  Challen,  Clarke  of  Jefferson,  Clark  of 
Jackson.  Coker,  Davidson,  Davis,  Duncan,  Earle.  Edge,  G-eno- 
var.  Gibbs.  (-roodbread,  Greeley,  Green,  Hargret,  Hatch.  Haus- 
man.  Hendle^^,  Henderson,  Herndon,  Hicks,  Hocker,  Hope^ 
Humphries,  Hunter,  Ives.  Johnston,  Jones,  Landrum,  Lesley. 
Love.  Lutterloh,  Marshall,  Maxwell,  Milton,  Mitchell,  Morgaii. 
McClellan,  McKinnon,  Xeel.  Odom,  Oliveros,  Orman,  Parker, 
Parkhill.  Parsons.  Paterson.  Pelot,  Randall  of  Duval,  Randell 
of  Madison,  Randolph.  Richard.  Rogers.  Rowe.  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor.  Tedder.  Tolbert.  Tomp- 
kins, Turnbull.  Wadsworth,  Wa'.l,  Weeks,  Wellman,  Wilson  of 
Clay,  Wihon  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zip- 
perer. — 80. 

So  the  motion  to  strike  out  the  section  was  not  agreed  to. 
Mr.  Hocker  moved  the  adoption  of  Article  X.  and  called  the 
previous  question. 

The  previous  question  was  ordered. 

The  question  was  upon  the  final  passage  of  Article  X,  on 
Public  Institutions. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — ^Mr.  President.  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount.  Broome,  Campbell.  Car- 
ter, Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Da- 
\idson.  Davis,  Duncan,  Earle.  Edge.  Fogarty,  G-enovar,  Gillis, 
Goodbread,  Green,  Hatch,  Hausman.  Hendley,  Henderson, 
Herndon.  Hicks,  Hockei,  Ho.-e,  Humphries,  Hunter,  Ives, 
Johnston,  Jones.  Landrum.  Lesley.  Love,  Lutterloh.  Marshall, 
Maxwell.  Milton,  Morgan.  McClellan.  McKinnon,  Xeel,  Odom, 
Oliveros.  Orman,  Parker.  Parkhill,  Parsons,  Paterson,  Pelot, 
Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe,  San- 
chez. Scott,  Sheats.  Speer,  Stone,  Swearingen,  Tavlor,  Tedder, 
Tolbert.  Tompkins,  Turnbull,  Wadsworth^  Wall,*'Weeks.  Wil- 
son  of  Clay.  Wilson  of  Polk  an-;^  Manatee,  Wylly,  Yonge  and 
Zipperer — 78. 

Xays — Messrs.  Baker,  Bell  of  Hamilton,  Carr,  Challen, 
Chandler,  Conover,  Fowler,  Gibbs,  Goss,  G-reeley,  Hargret, 
Lewis.  MUler,  Mitchell,  Petty,  Randall  of  Duval,' Thompson, 
Walker,  Jr.,  and  Wellman — 19. 

So  Article  10.  on  Public  Institucions,  was  declared  adopted. 

Article  XVIII,  on  Tempeiauce.  was  read  a  third  time. 

The  que-  ion  vas  upon  the  final  passage  of  the  Article. 

The  yeas  a  ad  nays  were  called  for, 
23 


354 


The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Beanett,  Bethel,  Blackburn,  Broome, 
Campbell,  Carter,  Carr,  Carson,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Davis,  Duncan,  Earle,  Fowler,  Cenovar, 
Gibbs,  G-reeley,  Green,  Hargret,  Hatch,  llausman,  Hendley, 
Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Landrum,  Lewis,  L  >ve,  Lutterloh,  Mann,  Marshall,  Miller, 
Milton,  Morgan,  McKinnon,  Neel,  Odom,  Orman,  Parsons, 
Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Rogers,  Rowe,  Scott,  Sheats,  Speer,  Stone  Swearingen,  Tedder. 
Tolbert,  Tompkins,  TurnbuU,  Wadsworth,  Wall,  Weeks,  Well- 
man,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer — 74. 

Nays — Messrs.  Blount,  Bush,  Challen,  Coker,  Conover,  Da- 
vidson, Edge,  Fog  trty,  Good  bread,  Goss,  Henderson,  Jones, 
Lesley,  Maxwell,  Mitchell,  McClellan,  Oliveros,  Parker,  Pater- 
son,  Richard,  Taylor,  Thompson  and  Walker,  Jr. — 23. 

So  Article  XYIII,  on  Temperance,  was  declared  adopted. 

Mr.  Greeley  was  excused  until  Monday. 

Messrs.  Hicks  and  Odom  were  indefinitely  excused  on  ac- 
count of  sickness. 

Mr.  McCaskill  was  also  excused  indefinitely  on  account  of 
sickness. 

The  following  additional  section  to  Article  4,  on  Legisla- 
tive Department,  was  read  the  second  time  : 

The  Legislature  shall  not  pass  any  laws  repealing  or  amend- 
ing any  criminal  statute  or  law  so  as  to  afiect  the  trial  or  pun- 
ishment of  any  kind  already  committed  at  the  time  of  such 
repeal  or  amendment,  but  the  existing  law  as  repealed  or 
amended  shall  continue  in  full  force  and  effect  as  to  all  crimes 
committed  in  violation  of  such  repealed  or  amended  law  prior 
to  such  repeal  or  amendment. 

Mr.  Bethel  moved  that  if  there  were  no  amendments  oflTered 
to  the  additional  section  that  it  be  read  the  third  time  and  put 
upon  Its  passage. 

Mr.  Randall,  of  Duval,  moved  to  amend  by  striking 
out  the  word  "  as,  "  in  the  third  line,  and  insert  in  lieu  thereof 
the  word  "  so ;" 

Which  was  agreed  to. 

Mr.  Hocker  offered  the  following  amendment : 

Amend  in  second  line  by  striking  out  "  trial,"  and  insert 

"  prosecution ;" 

.   Which  was  accepted. 
Mr.  Baker  ofi'ered  the  following  amendment :  ' 


After  the  word  "  committed     insert  ''but  untried." 
Afr.  Bethel  moved  to  lay  the  amendment  on  the  table  ; 
"VThich  was  agreed  to. 

The  question  was  then  on  the  passage  of  the  additional  sec- 
tion as  amended. 

Mr.  Taylor  moved  to  amend  as  follows  : 

Provided.  That  nothing  herein  shall  be  so  construed  as  to 
prevent  the  Legislature  from  passing  special  or  other  laws 
restoring  convicted  persons  to  their  civil  rights  : 

Which  was  agreed  to. 

The  question  was  again  upon  the  passage  of  the  additional 
section  as  amended  ; 

Which  was  agreed  to,  and  the  additional  section  was  passed 
and  ordered  engrossed  for  a  third  reading. 

Section  — .  The  Legislature  shall  not  pass  any  laws  repeal- 
ing or  amending  any  criminal  statute  or  law  so  as  to  atfect  the 
prosecution  or  punishment  of  any  crime  already  committed  at 
the  time  of  such  repeal  or  amendment,  but  the  existing  law  so 
repealed  or  amended  shall  continue  in  full  force  and  effect  as  to 
all  crimes  committed  in  vi<.)lation  of  such  repeal  d  or  amended 
law  prior  to  such  repeal  or  amendment ;  Prodded,  That  noth- 
ing herein  shall  be  so  construed  as  to  prevent  the  Legislature 
from  passing  special  or  other  laws  restoring  convicted  persons 
to  their  civil  rights. 

On  motion,  the  Convention  took  a  recess  until  4  o'clock  P. 
M.  to-day. 


FOUR  O'CLOCK  P.  NL 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Blackburn,  Blount,  Broome,  Bu>h. 
Campbell.  Car.er,  Carbon,  Challen,  Chandler,  Clarke  of  Jt^f- 
ferson,  Clark  of  Jackson,  Coker,  Conover.  Cook,  Davidson, 
Davis,  Dunci^n,  Earle,  Edge,  Fogarty,  Fowler,  G-enovar, 
Gibbs,  Giilis,  Green,  Hatcti,  Hausman,  Henderson,  Hern- 
don,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston, 
Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Mar- 
shall, Maxwell,  Miller,  Milton,  Morgan,  McClellan,  McKinnon, 


356 


Neel,  Odom,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks,  Well  man, 
Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly 
and  Yonge — 92. 
A  quorum  present. 

Messrs.  Bethel  and  Zipperer  were  excused  on  account  of 
sickness. 

Mr.  Malone  moved  to  reconsider  the  vote  by  which  the  ad- 
ditional section  to  Article  was  passed  for  its  third  reading 
on  this  morning. 

Mr.  Baker  moved  that  the  further  consideration  of  the  mo- 
tion to  reconsider  be  postponed  until  Monday  ; 

Which  was  not  agreed  to. 

The  question  was  on  the  motion  to  reconsider ; 
Which  was  agreed  to. 

Mr.  Blount  offered  the  following  substitute  : 

The  repeal  or  amendment  of  any  criminal  statute  shall  not 
affect  the  prosecution  or  punishment  of  any  crime  committed 
before  such  repeal  or  amendment. 

The  question  was :  Shall  the  substitute  be  placed  in  lieu 
of  the  original  ? 

Which  was  agi-eed  to. 

Mr.  Landrum  offered  the  following  substitute : 

The  Legislature  shall  not  pass  any  laws  repealing  or  amend- 
ing any  criminal  statute  or  law  so  as  to  affect  the  trial  or  pun- 
ishment of  an}^  crime  in  any  cause  pending  before  any  of  the 
courts  upon  bill  of  indictment,  information  or  otherwise.  But 
in  all  cases  the  trial  shall  proceed  to  conviction  and  punish- 
ment under  the  law  so  repealed. 

Mr.  Marshall  moved  to  lay  the  substitute  offered  by  Mr. 
Landrum  on  the  table  ; 
Which  was  agreed  to. 

The  substitute  offered  by  Mr.  Blount  and  adopted  was  then 
read  a  second  time  and  ordered  engrossed.  . 

The  follovring  additional  section  to  the  Preamble  and  Decla- 
ration of  Rights  was  rend  the  second  time : 

No  stats  te  shall  be  passed  lessening  the  time  within  which 
a  civil  action  may  be  commenced  on  any  cause  of  action  exist- 
ing at  the  time  of  its  pas.- age  ; 

Which  was  adopted,  and  ordered  engrossed  for  a  third 
reaaing. 


357 


Article  Xo.  I,  on  Boundaries,  came  up  for  consideration  on 
its  second  reading. 

Article  Xo.  I  was  passed  to  its  third  reading  without  amend- 
ment. 

Mr.  Love  moved  that  the  rules  be  waived  and  that  Article 
Xo.  I,  on  Boundaries,  be  read  a  third  time  ; 

Which  was  agreed  to,  over  two-thirds  of  the  delegates  voting 
in  the  affirmative. 

Article  Xo.  I,  on  Boundaries,  was  then  read  a  third  time 
and  put  upon  its  passage. 

The  3'eas  and  na3's  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett.  Blackburn,  Blount, 
Broome.  Bush.  Campbell,  Carter,  Carr,  Carson,  Challen, 
Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Con- 
over,  Cook.  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gribbs,  Gillis,  Goodbread,  Goss,  Green. 
Hargret,  Hatch,  Hausman,  Hendley,  Henderson,  Herndon, 
Hocker,  Hope.  Humphries.  Hunter.  Ives,  Jones,  Landrum. 
Lesley,  Lewis.  Love,  Lutterloh.  Malone.  Mann.  Marshall.  Max- 
well, Miller.  Milton.  Mitchell,  Morgan,  McClellan,  McKinnon. 
Xeel,  Oliveros,  Orman.  Parker,  Parkhill,  Parsons.  Paterson, 
Pelot,  Petty,  Randall  of  Duval,  Randeli  of  Madison,  Ran- 
dolph, Richard,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer, 
Stone.  Tavlor.  Tedder,  Thompson,  Tolbert,  Tompkins.  Wads- 
worth.  Walker.  Jr.,  Wall.  Walter,  Weeks,  Wellman.  West- 
cott,  Wilson  of  Clay.  Wilson  of  Polk  and  Manatee.  Wylly  and 
YoDge — 98. 

Xays — Xone. 

So  the  Article  was  passed  as  stated. 

Article  — ,  on  Private  Corporations,  came  up  for  considera- 
tion on  its  second  reading. 
Section  1  was  read. 

Mr.  Earle  otf-red  the  following  amendment  : 
Insert  "  and  "  between    persons  and  propertj'.""  and  strike 
out  "  power  and  messages 
Which  was  adopted. 

Mr.  Yonge  offered  to  amend  as  follows  : 

Insert  in  2d  line  between  unjust  and  discrimination,"  the 
words  "  and  unreasonable.'- 

Mr.  Lesley  moved  to  lay  the  amendment  o:i  the  table  ; 
Which  was  agreed  to. 

Mr.  Clarke,  of  Jackson,  offered  to  amend  as  follows  : 


358 

Strike  out  the  words  "  is  invested  with  full  power  to,"  in 
first  line,  and  insert  therefor,  "  at  its  next  session  shall." 
Mr.  Lesley  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Challen  offered  the  following  substitute  for  section  1  : 

The  exercise  and  claim  of  the  right  of  eminent  do- 
main by  any  corporation  shall  constitute  the  domain  occupied 
and  used  by  such  corporation  a  public  highway,  and  the 
property  and  franchises  of  such  corporation  may  be  subjected 
to  public  use  by  the  Legislature,  which  may  also  correct  abuses 
by  such  companies,  prevent  unjust  discrimination  and  protect 
the  just  rights  of  the  public  bylaws  with  adequate  penalties 
and  forfeitures. 

Mr.  Lesley  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to. 
Section  I  was  then  passed  as  amended. 
Section  2  was  reod. 

Mr.  Walker,  Jr.,  moved  to  amend  as  follows  : 
Insert salaried"  after  "  any,"  in  3d  line  ; 
Which  was  accepted  by  the  Chairman  of  the  committee. 
Mr.  Malone  moved  to  amend  as  follows  : 
Insert  "  or  common  carrier  "  after  "  company,"  in  first  line  ; 
Which  was  accepted. 

Mr.  Lesley  moved  to  strike  out  section  2. 
Mr.  Earle  moved  to  lay  the  motion  to  strike  out  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett, 
Blackburn,  Blount,  Broome,  Bush,  Campbell,  Carter,  Carr, 
Carson,  Challen.  Chandler,  Clark  of  Jackson,  Coker,  Cook, 
Davis,  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Goss, 
Green,  Hargret,  Hatch,  llausman,  Hendley,  Henderson,  Hern- 
don,  Hocker,  Hunter,  Ives,  Jones,  Landrum,  Lewis,  Love, 
Lutterloh,  Malone,  Marshall,  Milton,  Mitchell,  Morgan,  Mc- 
Clellan,  McKinnon,  Neel,  Orman,  Parker,  Parkhill,  Par- 
sons, Pelot,  Pett3%  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Richard,  Rowe,  Sanchez,  Scott,  Sheats,  Speer, 
Stone,  Tedder,  Tolbert,  Wadsworth,  Walker,  Jr.,  Weeks, 
Wilson  of  Clay,  Wylly  and  Yonge-.69. 

Nays— Messrs.  B;iker,  Bell  of  Hamilton,  Clarke  of  Jeffer- 
son, Conover,  Davidson,  Duncan,  Fowler,  Gibbs,  Goodbread, 
Hope,  Humphries,  Lesley,  Mann,  Maxwell,  Miller,  Oliveros, 
Paterson,  Taylor,  Thompson,  Tompkins,  Walter,  Wellman, 
Westcott  and  Wilson  of  Polk  and  Manatee — 24. 


359 


So  the  motion  was  agreed  to. 

Mr.  Lesley  offered  the  following  amendment  : 

Strike  out  the  word  "  no  "  in  first  line  in  section  2,  and  in- 
sert before  the  word  "railroad"  the  following  :  ''The  Legis- 
lature shall  enact  such  laws  as  will  prevent." 

Mr.  Tolbert  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Baker  offered  the  following  amendment : 

Nor  shall  an}^  member  of  the  Legislature  or  any  State  officer 
travel  upon  any  railroad  or  steamboat  in  this  State. 

Mr.  Sanchez  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Maun  offered  the  following  substitute  : 

Section  2.  All  railroad,  or  other  transportation  companies, 
shall  grant  free  passes  to  all  officers  of  this  State  for  the 
period  or  term  of  office  for  which  they  are  elected  as  well  as 
the  members  of  both  branches  of  the  Legislature. 

Mr.  Marshall  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Lesley  offered  the  following  amendment : 

Strike  out  all  in  line  one  to  and  including  the  word  "  shall,'^ 
and  insert  the  following  :  "  The  Legislature  shall  also  enact 
such  laws  as  to  prevent  railroads,  transpi^rtation  companies  or 
common  carriers  in  this  State  from  granting." 

Mr.  McKinnon  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Sheats  offered  the  following  amendment  : 

Strike  out  in  the  third  line.  to  any  officer  holding  office 
under  this  State,"  and  insert  "judicial  officer." 

Mr.  Campbell  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 

Mr  Tolbert  moved  the  adoption  of  section  2,  and  called  the 
previous  question. 

The  question  was.  Shall  the  main  question  be  now  put  ? 
Which  was  agreed  to. 

The  question  was  then  upon  the  passage  of  the  section. 
The  3^eas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Bennett,  Blackburn,  Blount,  Broome,  Bush,  Campbell,  Carter, 
Carson,  Challen,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davis,  Earie,  Edge,  Fogarty,  Fowler,  Genovar,  Gillis, 


360 


Goodbread,  Goss,  Green,  Hatch,  Hausman,  Hendley,  Hender- 
son, Herndon,  Hocker,  Hunter,  Ives,  Jones,  Landrum,  Lewis, 
Love,  Lutterloh,  Malone,  Marshall,  Milton,  Morgan,  McClellan, 
McKinnon,  Neel,  Orman,  Parker,  Parkhill,  Parsons,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Richard,  San- 
chez, Scott,  Speer,  Stone,  Tedder,  Tolbert,  Wadsworth,  Walker, 
Jr.,  Wall,  Weeks,  Wilson  of  Clay,Wylly  and  Yonge—67. 

Nays — Messrs.  Baker,  Carr,  Chandler,  Conover,  Davidson, 
Duncan,  Gibbs,  Hargret,  Hope,  Humphries,  Lesley,  Mann, 
Maxwell,  Miller,  Oliveros,  Paterson,  Randolph,  Sheats,  Thomp- 
son, Tompkins,  Walter  Wellman,  Westcolt  and  Wilson  of 
Polk  and  Manatee — 29. 

So  the  section  was  passed  as  amended. 

Mr.  Earle  offered  the  following  additional  section  : 

Section  — .  Persons  and  property  transported  over  any  rail- 
road or  other  transportation  company  doing  business  in  this 
State  shall  be  delivered  at  any  station  at  charges  not  exceeding 
the  charges  to  any  more  distant  station,  but  excursion  and  com- 
mutation tickets  may  be  issued  at  special  rates,  and  the  Legis- 
lature shall  enforce  this  provision  by  suitable  laws. 

Mr.  McKinnon  moved  that  the  minority  report  of  the  Com- 
mittee on  Private  Corporations  be  indefinitely  postponed. 

Mr.  Hargret  was  excused  until  Tuesday  next. 

Pending  discussion  the  Convention  was  adjourned  until  9 
o'clock  A.  M.  to-morrow. 


THIRTY-THIRD  DAY. 


■  SATURDAY,  July  18,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cock, 


( 


361 


Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Geno- 
var,  Gibbs,  Gillis.  Goodbread.  Goss,  Green,  Hatch,  Hausman, 
Henderson,  Herndon,  Hocker,  Hope,  Humphries,  Hunter, 
Ives,  Johnston,  Jones,  Landruin,  Lesley,  Lewis,  Love,  Lut- 
terloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  Mc  lellan,  McKinnon,  Xeel,  Odom,  Oliveros, 
Orman,  Parker.  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Ran- 
dall of  Duval,  Randell  of  Madison,  Randolph  Richard,  Robert- 
son, Rowe,  Sanchez,  Scott.  Sheats,  Speer,  Stone,  Taylor,  Ted- 
der, Tolbert,  Tomi  kins,  Wadsworth,  Walker,  Jr.,  Wall,  Walter, 
Weeks,  Wellman.  Westcott,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly  and  Yonge — 98 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Hatch  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Messrs.  Rogers,  Bash  and  Herndon  were  excused  on  ac- 
count of  sickness. 

Messrs.  Randell,  of  Madison,  and  Wadsworth  were  granted 
leave  of  absence. 

Mr.  Morgan  was  excused  until  Tuesday. 

The  following  rule,  offered  b}'  Mr.  McKinnon  on  yesterda}', 
came  up  for  consideration  : 

RrLE  — .  Xo  Article,  Ordinance  or  Resolution  to  be  incor- 
porated in  this  Constitution,  shall  be  amended  on  its  third 
readino-.  without  the  unanimous  consent  of  the  Convention. 

Mr.  McKinnon  moved  its  adoption. 

Mr.  Baker  offered  the  following  amendment  to  the  pro- 
posed rule  : 

Promded.  That  this  rule  shall  not  apply  to  articles  or  sec- 
tions now  on  their  third  reading. 

The  question  was  upon  the  adoption  of  the  amendment ; 
Which  was  agreed  to. 

Mr.  Pelot  moved  to  lay  the  rule  as  amended  on  the  table  ; 
Which  was  agreed  to. 

The  roll  of  committees  was  called  and  the  following  reports 
submitted : 

Mr.  Gibbs.  of  the  Committee  on  Suffrage  and  Eligibility, 
offered  the  following  minoritv  report; 

Convention  Hall,  Tallahassee,  Fla.,  July  18,  1885. 
Hon.  Samuel  Pasco, 

President  o  f  the  Convention  : 
Sir  :  The  andersigaed  member  of  yoiiv  Committee  on  Suf- 


362 


frage  and  Eligibility,  begs  leave  to  state  that  while  concurring 
in  the  majority  report  on  Article  XIV,  he  does  not  concur  in 
the  recommendation  of  the  Ordinance  imposing  a  poll  tax  as 
a  pre-requisite  to  the  right  to  vote,  and  would  respectfully 
recommend  that  it  do  not  pass. 

Yerv  respectfully, 

T.  Y.  GiBBs, 

Member  Committee. 

Which  was  received  and  read. 

Mr.  Oliveros,  Chairman  of  the  Engrossment  and  Enrollment 
Committee,  made  the  following  report : 

Convention  Hall,  Talla^hassee,  Fla.,  July  18,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention: 

Sir  :  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 

Additional  section  to  Bill  of  Rights,  and  additional  section 
to  Article  No.  lY, 

Beg  leave  to  report  that  they  have  examined  and  compared 
the  same,  and  find  them  correctly  engrossed. 

B.  F.  Oliveros,  Chairman, 
Theodore  Randell, 
H.  H.  Duncan. 

Which  was  received,  read  and  the  accompanying  papers 
placed  among  the  orders  of  the  day. 

Article  — ,  on  Militia,  was  read  the  first  time  by  its  title,  and 
placed  among  the  orders  of  the  day. 

Article  Y,  on  Executive  Department,  was  again  read  a 
third  time,  and  put  upon  its  final  passage. 

Th>3  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Car- 
son, Challen,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Barle,  Edge,  Fogarty,  Greno- 
var,  Gibbs,  Gillis,  Goodbread,  Green,  Hatch,  Hausman,  Heiid- 
ley,  Henderson,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 
Marshall,  Maxwell,  Milton,  Morgan,  McClellan,  McKinnon, 
Neel,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Richard,  Rob- 
ertson, Rowe,  Scott,  Sheats,  Speer,  Stone,  Taylor,  Tedder, 
Toibert,  Tompkins,  Wadsworth,  Walker,  Jr.,  Wall,  Weeks, 


363 


Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly  and  Yonge — 77. 

Nays — Messrs.  Baker,  Carr,  Chandler,  Conover,  Fowler, 
Gross,  Miller,  Petty  and  Thompson — 9. 

So  Article  V,  on  Executive  Department,  was  passed  as 
stated. 

The  Convention  resumed  the  consideration  of  the  minority 
report  of  the  Committee  on  Private  Corporations. 

The  question  was  upon  the  indefinite  postponement  of  the 
minority  report  ; 

Which  was  agreed  to. 

The  following  additional  section  to  the  Article  on  Private 
Corporations,  offered  by  Mr.  Earle  on  yesterday,  was  again 
read  : 

Section  — .  Persons  and  property  transported  over  any  rail- 
road or  other  transportation  company  doing  business  in  this 
State  shall  be  delivered  at  any  station  at  charges  not  exceed- 
ing the  charges  to  any  more  distant  station,  but  excursion  and 
commutation  tickets  may  be  issued  at  special  rates,  and  the 
Legislature  shall  enforce  this  provision  b^^  suitable  laws. 

Mr.  Gillis  moved  to  la}^  the  additional  section  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Blount, 
Broome,  Chandler,  Clarke  of  Jelferson,  Coker,  Conover, 
Cook,  Davidson,  Duncan,  Fogarty,  Fowler,  Genovar,  Gibbs, 
Gillis,  Hausman,  Henderson,  Hocker,  Hope,  Humphries, 
Jones,  Landrum,  Lesley,  Love,  Lutterloh,  Malone,  Mann, 
Maxwell,  Milton,  McClellan,  Oliveros,  Orman,  Parker,  Park- 
hill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval,  Robertson, 
Scott,  Speer,  Stone,  Taylor,  Tedder,  Tompkins,  Wall,  Walter, 
Wellman.  Westcott,  Wilson  of  Polk  and  Manatee,  Wyll}^  and 
Yonge — 53. 

Xays — Messrs.  Bell  of  Hamilton.  Bennett,  Blackburn,  Camp- 
bell, Carter,  Carr,  Carson,  Challen,  Clarke,  of  Jackson. Davis, 
Earle,  Edge,  Goodbread,  Goss,  Green,  Hatch,  Hendley,  Hunter, 
Marshall.  Miller,'Morgan,  McKinnon,  Xeel,  Randell  of  Madison, 
Randolph,  Richard,  Rowe,  Sheats,  Thompson,  Tolbert,  Wads- 
worth,  Walker,  Jr.,  Weeks  and  Wilson  of  Clay — 34. 

So  the  motion  to  lay  on  the  table  wa3  agreed  to. 

Mr.  Thompson  offered  the  following  additional  section  to  the 
Article  on  Private  Corporations  : 

ADDITIONAL  SECTION. 

All  existing  charters  or  grants  of  special  or  exclusive  priv- 


364 


ileges  under  which  a  bona  fide  organization  shall  not  have 
taken  place  and  commenced,  and  carrying  on  business  accord- 
ing to  the  provisions  creating  such  charters  or  grants  at  the 
time  of  the  adoption  of  this  Constitution,  shall  be  declared 
null  and  void  ;  and  all  lands  included  or  embraced  in  such  char- 
ters or  grants  shall  be  reserved  for  the  exclusive  use  of  actual 
settlers  in  this  State  by  homestead  entry. 

Mr.  Lesley  moved  to  lay  the  additional  section  on  the 
table ; 

Which  was  agreed  to. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Mr.  Blackburn,  Blount,  Broome,  Carson,  Clarke  of 
Jefferson,  Davidson,  Duncan,  Edge,  Fogarty,  Fowler,  Genovar, 
Gillis,  Hausman  Hendley,  Henderson,  Humphries,  Leslej^^, 
Love,  Malone,  Mann,  Milton,  Morgan,  McClellan,  Paierson, 
Pelot,  Randell  of  Madison,  Richard,  Scott,  Sheats,  Speer, 
Stone,  Taylor,  Tedder,  Tompkins,  Wadsworth,  Wall,  Weeks, 
Wellman,  Westcott,   Wilson  of  Clay,  Wylly  and  Yonge — 42. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Campbell,  Carter,  Carr,  Challen,  Chandler, 
Clark  of  Jackson,  Coker,  Conover,  Gibbs,  Good  bread,  Goss, 
Green,  Hatch,  Hocker,  Hunter,  Jones,  Landrum,  Lutterloh, 
Marshall,  Maxwell,  Miller,  McKinnon,  Neel,  Oliveros,  Parker, 
Parsons,  Petty,  Randall  of  Duval,  Randolph,  Robertson, 
Rowe,  Thompson,  Tolbert,  Walker,  Jr.,  and  Walter — 39. 

So  the  Convention  agreed  to  lay  the  additional  section  on 
the  table. 

Mr.  Lesley  moved  that  Article  No.  — ,  on  Private  Corpora- 
tions, be  passed  ; 

Which  was  agreed  to,  and  Article  No.  — ,  on  Private  Corpo- 
rations, was  ordered  engrossed  for  a  third  reading,  and  placed 
among  the  orders  of  the  day. 

Majority  Report.] 

ARTICLE  NO.  — . 

PRIVATE  corporations. 

Section  L  The  Legislature  is  invested  with  full  power  to 
pass  laws  to  correct  abuses  and  prevent  unjust  discrimination 
and  excessive  charges  by  persons  and  corporations  engaged  as 
common  carriers  in  transporting  persons  and  property,  or  per- 
forming other  services  of  a  public  nature,  and  shall  provide  for 
enforcing  t-uch  laws  by  adequate  penalties  or  forfeitures. 

Sec.  2.  No  railroad  or  other  transportation  company  or  com- 


365 


mon  carrier  in  this  State  shall  grant  a  free  pass,  or  discount 
the  fare  paid  by  the  public  generall}^,  to  an}^  member  of  the 
Legislature,  or  to  any  salaried  officer  holding  office  under  this 
State,  and  the  Legislature  shall  prohibit  the  granting  or  re- 
ceiving such  free  pass,  or  fare  at  a  discount,  b}'  suitable  pen- 
alties. 

Mr.  Challen  gave  notice  that  he  would  on  Monday  move  to 
reconsider  the  vote  by  which  the  minority  report  on  Private 
Corporations  was  indefiniteh^  postponed. 

Article  No.  XTI,  on  Miscellaneous  Provisions,  came  up  for 
consideration  on  the  second  reading. 

Section  1  was  read. 

Mr.  Taylor  offered  the  following  amendment  : 
"Strike  out  all  after  the  word  Legislature  in  third  line."' 
Mr.  Love  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Walker  offered  the  following  amendment : 

Insert  "  at "  after  "  be  "  in  first  line,  and  strike  out  all  after 
"in  Leon,"  and  strike  out  "and  remain  permanent  in  "  in  2d 
line. 

Mr.  Humphries  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas  —  Messrs.  Blackburn,  Blount,  Campbell,  Carter,  Car- 
son, Challen,  Davidson,  Earle,  Edge,  Fowler,  Gibbs,  Gillis, 
Hope,  Humphries,  Lesley,  Lutterloh,  Malone,  Milton,  Oliveros, 
Rand(jlph.  Robertson,  Sanchez,  Sheats,  Tajdor,  Tolbert,  Well- 
man  and  Wilson  of  Polk  and  Manatee — 27. 

Xays — Messrs  Baker,  Bell  of  Brevard  and  Dade,  Bell  of  Ham- 
ilton, Broome,  Carr,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Coker,  Conover,  Cook,  Davis,  Duncan.  Fogarty,  Genovar, 
Goodbread,  Goss,  Green,  Hatch,  Hausman,  Hendle}^,  Hender- 
son. Hunter,  Ives,  Jones,  Landrum,  Lewis,  Love,  Mann,  Mar- 
shall, Maxwell,  Miller,  M  tchell,  Morgan,  McClellan,  McKin- 
non,  Neel,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot. 
Randall  of  Duval,  Randell  ot  Madison,  Richard,  Rowe,  Scott, 
Speer,  Tedder,  Thompson,  Wadsworth,  Walker,  Jr.,  Walter. 
Weeks,  Westcott,  Wilson  of  Clay,  Wylly  and  Yonge — 60. 

So  the  motion  to  lay  upon  the  table  was  not  agreed  to. 

The  question  was  on  the  adoption  or  the  amendment  offered 
by  Mr.     alker,  Jr. 

Mr.  Sancht-z  offered  the  following  amendment  to  the  original, 
which  took  precedence  to  Mr.  Walker,  Jr"s.,  amendment  to 
strike  out : 


366 


After  "  by  "  insert  "  majority  vote,"  strike  out "  two-thirds." 
Mr.  Walker,  Jr.,  called  the  previous  question. 
The  question  was,  "  Shall  the  main  question  be  now  put  ?  " 
Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment  of- 
fered by  Mr.  Sanchez. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Blount,  Carter,  Challen,  Cook,  Earle,  Fowler, 
Genovar,  Gillis,  Goss,  Humphries,  Lutterloh,  Marshall,  Miller, 
Oliveros,  Randolph,  Sanchez,  Sheats,  Taylor,  Tolbert,  Wellman 
and  Wilson  of  Polk  and  Manatee — 21. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Broome,  Campbell, 
Carr,  Carson,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Conover,  Davidson,  Davis,  Duncan,  Edge,  Fogarty, 
Gibbs,  Goodbread,  Green,  Hatch,  Hausman,  Henderson, 
Hunter,  Ives,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Mai  one, 
Mann,  Maxwell,  Milton,  Mitchell,  Morgan,  McClellan,  McKin- 
non,  Neel,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Richard, 
Robertson,  Rowe,  Scott,  Speer,  Stone,  Tedder,  Thompson, 
Tompkins,  Wadsworth,  Walker,  Jr.,  Wall,  Walter,  Weeks, 
Westcott,  Wilson  of  Clay,  Wylly  and  Yonge — 61. 

So  the  amendment  was  not  adopted. 

The  question  was  then  upon  the  amendment  offered  by  Mr. 
Walker,  Jr  ,  to  insert  and  strike  out ; 
Which  was  agreed  to. 
Section  1  was  then  adopted  as  amended. 
Section  2  was  read. 

Mr.  Paterson  moved  to  amend  by  inserting  the  words  "  or 
affirm  "  after  the  word  "  swear  "  in  third  line  ; 
Which  was  accepted. 
Section  2  was  passed  as  amended. 
Section  3  was  read  and  passed  without  amendment. 
Section  4  was  read. 

Mr.  McKinnon  offered  to  amend  as  follows: 
And  the  Clerk  and  Sheriff  shall  either  reside,  or  have  a 
sworn  deputy,  within  two  miles  of  the  county  seat  ; 
Which  was  accepted. 

Mr.  Blackburn  moved  to  amend  the  amendment  as  follows  : 

Strike  out    two  miles." 

Mr.  McClellan  moved  the  previous  question. 

The  previous  question  was  ordered. 


367 


The  question  was  upon  the  adoption  of  the  amendment  to 
the  amendment  offered  by  Mr.  Blackburn  ; 
Which  was  not  ageed  to. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended ; 

Which  was  agreed  to  and  the  section  was  passed  as  amended. 
Section  5  was  read. 

Mr.  Mitchell  offered  to  amend  as  follows  : 
In  second  line  strike  out  "  eighty  "  and  insert  "  sixty." 
Mr.  Walter  moved  to  lay  the  section  and  the  amendment  on 
the  table ; 

Which  was  not  agreed  to. 

Mr.  Duncan  offered  the  following  amendment : 
Strike  but  "  to  actual  settlers,"  and  insert  "  for  actual  settle- 
ment ;" 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  section  ; 
Which  was  agreed  to,  and   section  5  was  declared  passed, 
without  amendment. 
Section  6  was  read. 

Mr.  Taylor  offered  to  amend  as  follows  : 
In  line  2,  of  section  6,  strike  out  the  words  "  of  a  general 
nature,"  and  insert  in  lieu  thereof  the  words  "  it  may  enact ;  " 
Which  was  accepted. 
Section  6  was  then  passed  as  amended. 
Section  7  was  read. 

Mr.  Goodbread  offered  to  amend  by  striking  out  the  word 
"  four,"  and  inserting    two  ;  " 
Which  was  not  agreed  to. 

Section  T  was  then  passed  without  amendment. 
Section  8  was  read. 

Mr.  Randall  moved  to  amend  as  follows : 
Insert  the  words  "  of  officers  "  between  the  words  "  elec- 
tion' and  shall,"  in  the  first  line ; 
Which  was  accepted. 
Section  8  was  then  passed  as  amended. 
Section  9  was  read. 

Mr.  Walker,  Jr.,  offered  to  amend  as  follows : 

"  But  the  County  Commissioners  shall  approve  all  bills  of 
costs  in  trials  for  misdemeanors  before  they  shall  be  paid." 
Mr.  Love  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Pending  discussion,  on  motion  of  Mr.  Milton,  the  Conven- 
tion was  adjourned  until  9  o'clock  A.  M.  Monday. 


368 


THIRTY-FOURTH  DAY. 


MONDAY,  July  20,  1885. 

Tbe  Convention  met  pursuant  to  afljournmeni;. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount, 
Broome,  Campbell,  Carter,  Carson,  Challen,  Chandler,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Duncan,  Earle  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Good  bread  Goss,  Green,  Hatch, 
Hausman,  Hendley,  Henderson,  Hicks,  Mocker,  Hope,  Hum- 
phries, Hunter,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh, 
Mann,  Marshall,  Maxwtll,  Milton,  Mitchell,  McClellan,  Mc- 
Kinnon,  Neel,  Orman,  Parker,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randolph,  Richard,  Robertson, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Tedder, 
Tolbert,  Tompkins,  Walker,  Jr.,  Walter,  Weeks,  Well  man, 
Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly  and  Yonge— 83. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Messrs.  Oliveros,  Miller  and  Whitmire  were  excused. 

The  following  communication  was  received  and  read  : 

Mt.  McGregor,  July  14th,  1885. 

Wm.  H.  Reynolds^ 

Dear  Sir  :  General  Grant  directs  me  to  acknowledge  the  re- 
ceipt of  the  resolution,  and  through  you  thank  the  members 
of  the  Constitutional  Convention  of  Florida  for  their  kind 
sympathy  expressed  therein. 

Respectfully,  F.  D.  Grant. 

Mr.  Gillis,  Chairman  of  the  Committee  to  Revise  and  Super- 
vise Recording  of  Journal,  made  the  following  report : 


369 


Convention  Hall,  Tallahassee,  Fla.,  July  20,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Co)ivention  : 

Sir  :  Your  Committee  on  Revising  the  Journal,  direct  me 
to  report — 

That  the  Journal  has  been  revised  to  proceedings  of  26th 
day. 

Yery  respectfully, 

Irving  Gillis, 

Chairman  Committee. 

Mr.  Chalien  moved  to  reconsider  the  vote  by  which  the 
minority  report  of  the  Committee  on  Private  Corporations 
was  indefinitely  postponed  on  Saturday  ; 

Which  was  not  agreed  to  and  the  Conv^ention  refused  to  re- 
consider. 

The  Convention  resumed  the  consideration  of  Article  XYI, 
on  Miscellaneous  Provisions. 
Section  9  was  read. 

Mr.  Love,  on  behalf  of  the  Committee,  withdrew  the  origi- 
nal section,  and  ofiered  the  following  substitute  in  lieu 
thereof: 

In  all  criminal  cases  prosecuted  in  the  name  of  the  State, 
where  the  defendant  is  insolvent  or  discharged,  the  State  shall 
pay  the  legal  cost  and  expenses,  including  the  fees  of  officers. 

Mr.  Sanchez  offered  to  amend  as  follows  : 

Strike  out  "  in  the  Circuit  Court." 

Mr.  Love  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment ; 
Which  was  agreed  to,  and  the  amendment  was  adopted. 
Mr.  Walker  offered  to  amend  as  follows : 

Add  "  under  such  regulations  as  shall  be  provided  by 
law  ;" 

Which  was  agreed  to,  and  the  amendment  was  adopted. 
Section  9  was  then  passed  as  amended. 
Section  10  was  read  and  passed  without  amendment. 
Section  11  was  read. 

Mr.  Yonge  moved  to  strike  out  the  entire  section. 
Mr.  Gillis  offered  the  following  substitute  : 

In  no  case  shall  a  general  law  be  suspended  b}^  the  Legis- 
lature for  the  benefit  of  any  particular  individual,  corporation 
or  association. 
24 


370 


Mr.  Yonge  withdrew  the  motion  to  strike  out  the  section, 
and  accepted  the  substitute  as  offered  by  Mr.  Gillis. 
Mr.  Blackburn  offered  to  amend  the  original  as  follows  : 

After  enacted,''  2d  line,  section  11,  add  "except  as  other- 
wise provided  for  in  this  Constitution." 

Mr.  Walker,  Jr.,  moved  to  adopt  the  amendment  ; 

Which  was  agreed  to. 

Mr.  Gillis  withdrew  the  substitute. 

The  question  was  upon  the  adoption  of  the  section  as 
amended. 

Mr.  Yonge  moved  to  strike  out  the  section  as  amended. 
Mr.  Walker,  Jr.,  moved  to  lay  the  motion  to  strike  out  on 
the  table; 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  motion  of  Mr.  Yonge  to 
strike  out  the  section. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bethel,  Blount, 
Campbell,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gillis,  Green,  Hausman,  Hocker,  Hope,  Humphries,  Lesley, 
Mann,  Maxwell,  Milton,  McClellan,  McKinnon,  Neel,  Orman, 
Parker,  Paterson,  Pelot,  Randall  of  Duval,  Randolph,  Richard, 
Robertson,  Sanchez,  Scott,  Sheats,  Speer,  Tolbert,  Walter, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wylly  and  Yonge 
—48. 

Nays — Messrs.  Baker,  Bennett,  Blackburn,  Broome,  Carter, 
Carson,  Challen,  Chandler,  Conover,  Davidson,  Gibbs,  Good- 
bread,  Goss,  Hatch,  Hendley,  Henderson,  Hicks,  Hunter, 
Landrum,  Lewis,  Lutterloh,  Marshall,  Mitchell,  Parsons, 
Petty,  Rowe,  Stone,  Tedder,  Thompson,  Tompkins,  Walker, 
Jr.,  and  Wilson  of  Polk  and  Manatee — 32. 

So  the  motion  to  strike  out  the  section  was  agreed  to. 

Upon  motion,  ex-Governor  Geo.  F.  Drew  and  Mr.  C.  H. 
Jones,  of  Jacksonville,  were  invited  to  seats  within  the  bar. 

Section  12  was  read  and  adopted  without  amendment. 

Section  13  was  read. 

Mr.  Maxwell  moved  to  amend  as  follows  : 

Strike  out  the  words  "  and  shall  be  kept  and  used  as  pro- 
vided in  this  Constitution  ;  " 

Which  was  agreed  to  and  the  section  was  passed  as 
amended. 

Section  14  was  read. 


371 


Mr.  Carter  moved  to  amend  as  follows : 

wStrike  out  the  words  "  the  counties  where  such  county  offi- 
cers reside,  "  and  insert  "  the  State  of  Florida,"  in  line  4,  sec- 
tion 14,  Article  16. 

Mr.  Wilson,  of  Polk,  moved  to  lay  the  amendment  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Bethel, 
Blackburn,  Campbell,  Carson,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge, 
Fogarty,  Goodbread,  Hausman,  Hendley,  Hocker,  Hope,  Hum- 
phries, Landrum,  Lesley,  Love,  Lutterloh,  Mann,  Marshall,  Max- 
well, Milton,  McClellan,  McKinnon,  Orman,  Parker,  Parsons, 
Paterson,  Pelot,  Randolph,  Richard,  Robertson,  Scott,  Sheats, 
Speer,  Stone,  Tolbert,  Weeks,  Wellman,  Wilson  of  Cla}^, Wilson 
of  Polk  and  Manatee,  Wylly  and  Yonge — 51. 

Xays — Messrs.  Baker,  Broome,  Carter,  Challen,  Chandler, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Green,  Hatch,  Henderson, 
Hicks,  Hunter,  Lewis,  Mitchell,  Neel,  Petty,  Randall  of  Duval, 
Rowe,  Sanchez,  Tedder,  Thompson,  Tompkins,  Walker,  Jr., 
Walter  and  Westcott— 28. 

So  the  question  to  lay  upon  the  table  was  agreed  to,  and  the 
amendment  was  laid  on  the  table. 

Mr.  Chandler  moved  to  strike  out  the  entire  section. 

Mr.  Wilson,  of  Polk,  moved  to  lay  the  motion  to  strike  out 
on  the  table. 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  section. 
Mr.  Baker  offered  the  following  amendment  to  the  section  : 

Provided^  That  any  State  or  county  officer  may  give  the 
bond  of  any  surety  and  fidelity  company  under  such  restric- 
tions as  may  be  provided  by  law. 

Pending  discussion  Mr.  Love  moved  that  the  further  con- 
sideration of  Article  XIY  be  postponed  until  to-morrow  morn- 
ing; 

Which  was  agreed  to,  and  the  further  consideration  was  so 
postponed. 

Section  15  was  read. 

Mr.  Hocker  moved  to  amend  as  follows  : 

Amend  Section  15,  Article  XYI,  by  adding  thereto  after  the 
word  "  duties, "  in  the  last  line,  the  following :  "  And  shall  be 
recorded  by  order  of  the  Comptroller  in  the  respective  coun- 
ties of  the  said  officers,  and  shall  thereby  become  a  lien  in 


372 


favor  of  the  State,  and  the  county,  of  any  officer  for  any  offi- 
cial indebtedness  of  said  officers  during  their  terms  of  office 
upon  all  the  real  estate  which  the  principals  in  said  bonds 
shall  own  in  the  State  at  the  time  of  execution  thereof,  or 
shall  own  therein  during  the  term  of  office  of  any  of  said 
principals,  and  shall  continue  to  be  a  lien  on  said  real  estate 
superior  to  all  exemptions  and  subsequent  liens  for  one  year 
after  the  expiration  of  the  term  of  office  of  any  such  officer  ; 

Which  was  read. 

Mr.  Landrum  offered  the  following  substitute : 

SUBSTITUTE  FOR  SECTION  15. 

The  official  bonds  of  the  Sheriffs  and  Clerks  of  the  Circuit 
Courts  shall  be  approved  by  the  Circuit  Judges  or  State  At- 
torneys of  the  several  Judicial  Circuits  of  this  State.  The  As- 
sessors of  Taxes  and  Collectors  of  Revenue  of  the  several  coun- 
ties of  this  State  shall  be  approved  by  the  Board  of  County 
Commissioners  of  the  several  counties  of  this  State,  before  such 
officers  shall  enter  upon  the  discharge  of  their  respective  du- 
ties ; 

Which  was  read  for  information. 

Mr.  Walter  moved  that  the  further  consideration  of  section 
15,  together  with  the  amendment  and  substitute,  be  laid  over 
until  to-morrow  ; 

Which  was  agreed  to. 

Section  16  was  read  and  passed  without  amendment. 
Section  IT  was  read  and  passed  without  amendment. 
Section  18  was  read, 

Mr.  Walker,  Jr.,  moved  to  amend  as  follows: 

Insert  after  corporation  as  follows :  "  Except  the  property 
of  a  corporation  which  shall  construct  a  ship  or  barge  canal 
across  the  peninsula  of  Florida  if  the  Legislature  should  so 
enact." 

Mr.  Baker  offered  to  amend  the  amendment  as  follows : 
Insert    or  barge  ;  " 

Which  was  accepted  by  Mr.  W^-lker,  Jr. 
Mr.  Love  moved  to  lay  the  amendment  as  amended  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas— Messrs.  Bethel,  Blount,  Campbell,  Carson,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Davis,  Edge,  Fogarty, 
Fowler,  Gillis,  Green,  Henderson,  Hicks,  Hocker,  Humphries, 
Love,  Lutterloh,  Milton,  McClellan,  McKinnon,  Neel,  Pater- 


373 


son.  Pelot.  Randolph.  Scott,  Speer,  Stone,  Tedder,  Tolbert, 
and  Westcott — 32. 

Xays — Messrs.  Baker.  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Beanett,  Blackburn,  Broome,  Carr,  Challen, 
Chandler.  Conover,  Cook,  Davidson,  Duncan,  Earle,  Genovar, 
G-ibbs,  Goodbread,  Goss,  Hatch,  Hendley,  Hope,  Hunter, 
Landrum.  Lesley,  Lewis,  Mann,  Marshall,  Maxwell,  Mitchell, 
Orman,  Parker,  Parsons,  Petty,  Randall  of  Duval,  Richard, 
Robertson,  Sanchez,  Sheats,  Thompson,  Tompkins,  "Walker. 
Jr..  Walter,  Weeks.  Wellman.  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly  and  Yonge — 48. 

So  the  motion  to  lay  on  the  table  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  amendment  as 
amended  ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended. 

Mr.  Blount  moved  to  further  amend  as  follows  : 

Insert  before  the  word  "  religious,"  in  line  2,  the  words 
•'municipal,  literar}* 
Which  was  agreed  to. 

The  question  was  again  upon  the  adoption  of  section  18  as 
amended  ; 

Which  was  agreed  to,  and  the  section  was  declared  passed 
as  amended. 

Section  19  was  read  and  passed  without  amendment. 
Section  20  was  read  and  passed  without  amendment. 
Section  21  was  read. 

Mr.  Lesley  moved  to  strike  out  section  21  ; 

Which  was  agreed  to,  and  the  section  was  stricken  out. 

Section  22  was  read  and  stricken  out. 

Section  23  was  read  and  passed  without  amendment. 

Section  24  was  read. 

Mr.  Goodbread,  of  Hamilton,  moved  to  strike  out  the  sec- 
tion ; 

Which  was  agreed  to,  and  the  section  was  so  stricken. 
Section  25  was  read  and  adopted  without  amendment. 
Section  26  was  read. 

Mr.  Randall,  of  Duval,  offered  the  following  substitute  : 

A  certified  copy  of  the  record  of  any  deed  or  mortgage  which 
has  been  or  shall  be  duh'  recorded  according  to  law,  shall  be 
admitted  Si9,  prima  facie  evidence  thereof  and  of  its  due  execu- 
tion with  like  effect  as  the  original  duly  proved,  provided  it  be 
made  to  appear  that  the  original  is  not  within  the  custody  or 
control  of  tfie  party  offering  such  copy. 


374 


The  question  was  upon  the  placing  of  the  substitute  in  lieu 
of  the  original  ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  section  as 
substituted  ; 

Which  was  agreed  to,  and  the  section  was  passed. 
kSection  27  was  read. 

Mr.  Humphries  offered  the  following  amendment : 

After  "  on,"  in  second  line,  insert  "  and  for  the  speedy  col- 
lection of  the  same  against  ; 

Which,  upon  motion,  was  laid  on  the  table. 
Section  27  was  then  passed  as  read. 
Section  28  was  read  and  passed  without  amendment. 
Section  29  was  read  and  passed  without  amendment. 
Section  30  was  read. 

Mr.  Gibbs  moved  to  strike  out  the  section. 
Mr.  Love  moved  to  lay  the  motion  to  strike  out  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bethel,  Blackburn,  Blount,  Broome,  Camp-  • 
bell,  Carter,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogart\ , 
Genovar,  Gillis,  Goodbread,  Goss,  Green,  Hatch,  Hendley, 
Henderson,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Lan- 
drum,  Lesley,  Lewis,  Love,  Lutterloh,  Mann,  Maxwell,  Mil- 
ton, McClellan,  McKinnon,  Neel,  Orman,  Parker,  Parsons, 
Paterson,  Pelot,  Randall  of  Duval,  Randolph,  Richard,  Rob- 
ertson, Sanchez,  Scott,  Sheats,  Speer,  Stone,  Tedder,  Tolbert, 
Tompkins,  Weeks,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly  and  Yonge— 63. 

Nays — Messrs.  Baker,  Carr,  Challen,  Chandler,  Conover, 
Fowler,  Gibbs,  Hausman,  Mitchell,  Thompson,  Walker,  Jr., 
Walter  and  Wellman — 13. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr,  Randall,  of  Duval,  offered  to  amend  as  follows  : 

After    marriages,"  in  first  line,  insert  "  within  this  State  ;  " 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended  ; 

Which  was  agreed  to,  and  the  section  was  passed  as  amended. 
Section  31  was  read,  and  withdrawn  by  the  committee. 
Section  32  was  read  and  passed  without  amendment. 
Section  33  was  read. 

Mr.  Mann  moved  to  strike  out  the  section ;  ♦ 


375 

Which  was  agreed  to.  and  the  section  was  stricken  out. 
Section  34  was  read. 

Mr.  Love  moved  that  the  consideration  of  section  34  be 
postponed  for  the  present ; 
Which  was  agreed  to. 

Mr.  Paterson  gave  notice  that  he  would  move  to  reconsider 
the  vote  by  which  section  26  was  passed. 

Mr.  Humphries  offered  the  following  additional  section  : 

ADDITIOXAL   SECTION  TO  ARTICLE  XVI. 

Section  — .  The  Governor  shall  be  empowered  b}'  the  Leg- 
islature to  appoint  so  many  Xotaries  Public  as  to  him  shall 
seem  necessary,  who  shall  hold  their  office  during  the  pleasure 
of  the  Governor,  and  shall  use  and  exercise  such  office  for  such 
place  and  in  such  limits  as  the  Governor  shall  direct,  to  whose 
protestation,  attestation  and  other  instrument  of  publication 
due  credence  shall  be  given  ;  F'rovided.  That  every  Xotary 
Public  shall,  previous  to  receiving  his  commission  of  office, 
pass  an  examination  as  to  his  qualifications  for  the  office  be- 
fore a  Board  of  Commissioners  appointed  by  the  Circuit  Judge 
for  such  count}',  and  shall  be  subject  to  such  other  regulations 
as  may  be  provided  by  law. 

Mr.  Baker  moved  to  lay  the  additional  section  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Mann  offered  the  following  additional  section  : 

Section  — .  All  the  public  printing  of  the  State  of  Florida 
shall  be  let  out  upon  contract  to  the  lowest  responsible  bidder 
under  such  regulations  as  the  Legislature  may  provide. 

Mr.  Clarke,  of  Jefferson,  moved  to  lay  the  additional  section 
on  the  table. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Carson.  Clarke  of  Jefferson.  Conover,  Edge, 
Gillis,  Henderson.  Hope,  Landrum.  Lesley.  Lutterloh.  Max- 
well. McClellan,  Paterson,  Randolph.  Scott,  Speer,  Tedder, 
Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — 20 

Xays — Messrs.  Baker.  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton.  Bennett.  Bethel,  Blackburn,  Blount,  Broome,  Camp- 
bell, Carter,  Carr.  Challen,  Chandler.  Clark  of  Jackson,  Cook, 
Davidson,  Duncan,  Fogart}',  Fowler,  Genovar,  Gibbs,  Good- 
bread,  Goss,  Green,  Hatch!^  Hendley,  Hicks,  Hocker,  Hum- 
piiries.  Hunter,  Lewis.  Mann,  Marshall.  Milton.  Mitchell,  Mc- 
Kinnon,  Xeel.  Orman.  Parker,  Parsons,  Pelot,  Petty,  Randall 
of  Duval,  Richard,  Robertson,  Sanchez,  Sheats,  Stone,  Thomp- 


376 


son,  Tolbert,  Tompkins,  Walker,  Jr.,  Weeks,  Wellman,  West- 
cott  and  Wilson  of  Clay— 57. 

So  the  motion  to  lay  on  the  table  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  additional  sec- 
tion. 

Mr.  Orman  offered  the  following  amendment : 

No  member  of  the  Legislature,  or  other  public  officer,  shall 
be  interested,  either  directly  or  indirectly,  in  any  such  con- 
tract ; 

Which  was  accepted. 

Mr.  Yonge  offered  to  amend  as  follows  : 

But  this  provision  shall  not  affect  the  term  of  office  of  the 
present  State  Printer. 

Mr.  Mann  moved  to  lay  the  amendment  on  the  table ; 

Which  was  agreed  to. 

Mr.  Baker  moved  to  amend  as  follows  ; 

All  public  printing,  both  State  and  county. 

Mr.  Mann  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  again  upon  the  adoption  of  the  additional 
section  as  amended ; 

Which  was  agreed  to  and  the  section  was  passed. 
Mr.  Blount  offered  the  following  additional  section  : 

Section  — .  The  Legislature  shall  provide  for  the  election 
by  the  people,  or  appointment  by  the  Governor,  of  all  State 
and  county  officers,  whose  offices  are  not  created  by  this  Con- 
stitution ; 

Which  was  withdrawn. 

Mr.  Randall,  of  Duval,  offered  the  following  additional  sec- 
tion and  asked  that  it  be  spread  upon  the  Journal; 

RELEASE  TO  RIPARIAN  PROPRIETOR. 

The  State  of  Florida  releases  and  grants  to  owners  and  to 
future  grantees  of  the  State  or  of  the  United  States  of  lands 
bounded  by  any  navigable  stream  or  bay  of  the  sea  or  harbor 
all  the  right,  title  and  interest  of  the  State  in  all  lands  cov- 
ered by  water  at  high  tide,  lying  in  front  of  any  land  so  owned 
to  the  edge  of  the  channel  of  such  navigable  stream  or  bay 
or  harbor,  and  between  the  boundary  lines  of  such  owner  ex- 
tended in  the  direction  of  the  channel  from  the  points  where 
the  boundary  lines  strike  tbe  water  at  high  water  mark  or 
high  tide.  But  this  release  shall  not  authorize  such  grantee 
or  owner  in  anywise  to  obstruct  the  channel,  but  full  space 


377 


shall  be  left  for  the  requirements  of  commerce ;  Provided, 
That  nothing  herein  contained  shall  be  construed  to  release 
the  title  of  the  State  to  any  of  the  swamp  or  overflowed  land 
within  the  State,  but  only  to  such  owners  whose  lands  are 
bounded  by  and  extend  to  high  water  mark  on  such  navigable 
streams,  bays  or  harbors  ; 

Which  was  read  and  ordered  spread  upon  the  Journal  for 
consideration  to-morrow. 

Mr.  Tolbert  asked  leave  to  introduce  a  resolution. 

Mr.  Sanchez  moved  to  suspend  the  rules  in  order  that  the 
resolution  may  be  read  and  passed. 

The  house  refused  to  waive  the  rule,  two-thirds  not  voting 
therefor. 

Upon  motion  the  Convention  took  a  recess  until  4  o'clock 
P.  M. 


FOUR  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Campbell,  Carter,  Carson,  Challen,  Ciiandler,  Clarke  of 
JeflTerson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gribbs, 
Gillis,  Good  bread,  Goss,  Greeley,  Green,  Hatch,  Hausman, 
Hendley,  Henderson,  Hicks,  Hocker,  Hope,  Humphries,  Hun- 
ter, Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh, 
Malone,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan, 
McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval,  Randell 
of  Madison,  Randolph,  Richard,  Robertson,  Rogers,  Rowe, 
Sanchez,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Walter, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk 
Manatee,  Wylly  and  Yonge — 97. 

A  quorum  present. 

Mr.  Tolbert  asked  to  have  the  following  resolution,  offered 
by  him  this  morning,  spread  upon  the  Journal,  and  there  be- 
ing no  objection  it  was  so  ordered : 


378 


WTiereas^  There  appeared  in  the  Jacksonville  Times-Union 
of  July  the  18th,  an  editorial  written  doubtless  under  a  misap- 
prehension of  the  facts,  making  an  untrue  and  dishonorable 
charge  against  a  majority  composed  of  sixty-three  (63)  mem- 
bers of  this  Convention,  said  majority  composing  a  majorit}^ 
of  the  dominant  party,  in  reference  to  a  vote  on  a  matter  in 
which  said  majority  of  sixty-three  members  was  arrayed 
against  a  minority  of  thirty-eight  members,  said  minority 
composing  a  minority  of  the  dominant  party  in  this  Conven- 
tion to  the  effect  that  the  vote  of  the  said  majority  was  cast 
with  a  motive  improper  and  dishonorable  ;  and  iofie7'eas^  it  is 
due  to  all  the  members  of  this  Convention  and  to  its  honor 
and  dignity  as  a  representative  body  of  the  people  of  the  State 
of  Florida  that  such  charge  should  be  publicly  and  emphati- 
cally refuted  ;  therefore,  be  it 

Resolved^  That  this  Convention  hereby  publicly  declares 
that  the  dishonorable  charge  imputed  to  a  majority  composed 
uf  63  members  of  this  Convention,  which  majority  comprises 
a  majority  (45)  of  the  dominant  party  in  the  Convention,  by  the 
editorial  in  the  Jacksonville  Times-Union  of  July  18th  is  with- 
out foundation  in  fact,  and  is  utterly  untrue. 

Article  — ,  on  Militia,  came  up  for  consideration  on  its  sec- 
ond reading. 

Section  1  was  read  and  passed  without  amendment. 
Section  2  was  read  and  passed  without  amendment. 
Section  8  was  read  and  passed  without  amendment. 
Section  4  was  read  and  passed  without  amendment. 
Mr.  Conover  moved  that  the  Article  be  engrossed  for  a  third 
reading  ; 

Which  was  agreed  to. 

Mr.  Walter  moved  that  the  rule  be  waived,  and  that  Article 
— ,  on  Militia,  be  read  a  third  time  and  put  upon  its  passage  ; 

Which  was  agreed  to,  over  two-thirds  voting  in  the  aflSrm- 
ative. 

Article  — ,  on  Militia,  was  then  read  a  third  time  and  put 
upon  its  final  passage. 

The  yeas  and  nays  were  called. 
The  A^ote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount, 
Broome,  Bush,  Campbell,  Carter,  Carson,  Challen,  Chandler, 
Clarke  of  Jefferson,  Conover,  Cook,  Davidson,  Duncan,  Earle, 
Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread, 
Greeley,  Green,  Hatch,  Hausman,  Hendley,  Henderson,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Johnston,  Jones,  Landrum, 


379 


Lesley,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell,  Milton, 
Mitchell,  Morgan,  McClellan,  McKinnon,  Xeel,  Odom,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Rowe,  Scott,  Sheats,  Speer,  Stone,  ISwearingen,  Taylor,  Ted- 
der, Tolbert,  Tompkins,  Tarnbull,  Wadsworth,  Walter,  Weeks, 
Westcott,  Wilson  of  Clay,  Wylly  and  Yonge— 84. 

J^ays — Mr.  Miller — 1. 

So  the  Article  was  passed  as  stated. 

The  additional  section  to  the  Declaration  of  Rights  was 
read  a  third  time  and  put  upon  its  final  passage. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dades 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome? 
Bush,  Campbell,  Carter,  Carson,  Challen,  Cook,  Davidson? 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gillis,  Goodbread? 
Greeley,  Green,  Hatch,  Hausman,  Hendle}- ,  Henderson,  Hicks? 
Hope,  Humphries,  Hunter,  Johnston,  Jones,  Landrum,  Lewis? 
Love,  Litterloh,  Marshall,  Maxwell,  Milton,  Morgan,  Mc- 
Clellan, McKinnon,  Neel,  Odom,  Orman,  Parker,  Parkhill? 
Parso.  s,  Paterson,  Pelot,  Randall  of  Duval,  Randell  of  Madi- 
son, Randolph,  Richard,  Robertson,  Rowe,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  Walter,  Weeks,  Westcott, 
Wilson  of  Clay,  Wylly  and  Yonge — 76. 

Xays — Messrs.  Baker,  Chandler,  Clarke  of  Jefferson,  Cono- 
ver,  Gibbs,  Hocker,  Lesley,  Malone,  Miller  and  Mitchell — 10. 

So  the  additional  section  to  the  Declaration  of  Rights  was 
passed,  as  stated,  and  ordered  attached  to  Article  lY,  on 
Legislative  Department. 

The  additional  section  to  Article  lY,  on  the  Legislative  De- 
partment, was  read  a  third  time  and  put  upon  its  passage. 

The  3^eas  and  nays  were  called. 

The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Bethel  j 
Blackburn,  Blount,  Broome,  Bush,  Campbell,  Carter,  Carson, 
Challen,  Clarke  of  Jefferson,  Coker,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Goodbread, 
Greeley,  Green,  Hatch,  Hausman,  Hendley,  Henderson, 
Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Johnston,  Jones, 
Landrum,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Morgan,  McClellan,  McKinnon,  Neel,  Odom,  Orman,  Parker, 
Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval,  Ran- 
dell of  Madison,  Randolph,  Richard,  Robertson,  Rowe, 
Scott,  Sheats  Speer,    Stone,   Swearingen,   Taylor,  Tedder, 


380 


Tolbert,  Turnbull,  Wadsworth,  Walter,  Weeks,  Wilson  of 
Clay,  Wylly  and  Yonge — 13. 

Nays— Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton, 
Carr,  Chandler,  Conover,  Fowler,  Gibbs,  Goss,  Lesley,  Miller, 
Mitchell,  Thompson,  Tompkins  and  Westcott— 15. 

So  the  additional  section  was  passed  as  stated. 

Article  IX,  on  Education,  came  up  for  consideration  on  its 
third  reading. 

Mr.  Baker  moved  that  further  consideration  of  Article  IX 
be  postponed  for  the  present. 

Mr.  Bennett  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

Article  IX,  on  Education,  was  then  read  a  third  time. 
Mr.  Sheats  moved  to  amend  as  follows  : 

Strike  out  "  State  Superintendent  "  and  insert  "Superintend- 
ent of  Public  Instruction  ;" 
Which  was  accepted. 
Mr.  Yonge  offered  to  amend  as  follows : 

Strike  out  in  section  10  all  down  to  and  including  "  county," 
in  3d  line,  and  insert  the  following :  "  The  Legislature  may 
provide  for  the  division  of  any  count}^  or  counties  ;" 

Which  was  agreed  to.  and  the  amendment  was  declared 
adopted. 

Mr.  Baker  offered  the  following  amendment  to  section  13: 

The  State  Agricultural  College,  the  Seminaries,  and  other 
institutions  of  learning  contemplated  in  this  Article,  shall  be 
under  the  management  and  control  of  a  Board  of  Trustees. 
Said  Trustees  shall  be  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate,  for  the  term  of  four  years. 
Xo  Trustee  shall  receive  any  pay  or  emolument  other  than  his 
actual  expenses  incurred  in  the  discharge  of  his  duties  as  such. 
The  Governor  and  Superintendent  of  Public  Instruction  shall 
be  ex-officio  members  of  each  of  said  Board  of  Trustees  ; 

Which  was  withdrawn. 

Mr.  Love  offered  the  following  amendment : 

Strike  out  "  three  "  in  line  3  in  section  8,  and  insert  "  one 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Bush,  Carter,  Carr, 
Challen,  Chandler,  Conover,  Cook,  Duncan,  Earle,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Greeley,  Hendle}^, 
Hocker,  Humphries,  Hunter,  Johnston,  Lesley,  Lewis,  Mar- 


shall.  Maxwell,  Miller,  Mitchell.  Parkhill.  Petty.  Randall  of 
Duval,  Robertson,  Rowe,  Sanchez.  Sheats.  Thompson.  Tolbert. 
Turnbull,  Walker.  Jr..  and  Walter— i3. 

Xays — Messrs.  Bell  of  Brevard  and  Dade.  Bell  of  Ham- 
ilton, Blackburn.  Blount.  Campbell,  Carson,  Clarke  of  Jeffer- 
son. Clark  of  Jackson,  Coker,  Davidson,  Davis.  Edge.  Good- 
bread.  Green,  Hatch,  Hausman.  Henderson,  Hicks,  Hope. 
Jones.  Landrum,  Love,  Lutterloh.  Malone.  Milton,  Morgan. 
McCaskill.  McClellan.  McKinnon,  Xeel.  Odom.  Orman. 
Parker,  Parsons,  Paterson,  Pelot,  Randell  of  Madison.  Ran- 
dolph, Richard,  Scott.  Speer.  Stone,  Swearingen.  Taylor. 
Tedder.  Tompkins.  Wadsworth,  Weeks.  Wilson  of  Clay. 
Wilson  of  Polk  and  Manatee.  Wylh*  and  Yonge — 51. 

So  the  motion  to  lay  on  the  table  was  not  agreed  to. 

The  question  was  on  the  adoption  of  the  amendment  offered 
by  Mr.  Love. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade.  Blackburn.  Blount. 
Campbell.  Carson.  Clarke  of*  Jefferson.  Clark  of  Jackson.  Co- 
ker. Davidson.  Davis,  Edge.  Goodbread.  Green.  Hatch.  Haus- 
man. Henderson.  Hicks.  Hope.  Jones.  Landrum.  Love.  Malore. 
Milton.  Morgan.  McCaskill.  McClellan.  McKinnon.  Xeel. 
Odom,  Orman,  Parker.  Paterson,  Randell  of  Madison,  Richard. 
Scott,  Speer,  Stone.  Swearingen.  Tedder,  Tompkins.  Wads- 
worth,  Weeks,  Wilson  of  Clay  and  Wylly — .1:4:. 

Xays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Bethel. 
Bush.  Carter,  Carr,  Challen.  Chandler,  Conover,  Cook,  Duncan, 
Earle.  Fogart}'.  Fowler.  Genovar.  Gibbs,  Gillis,  Goss,  Greeley, 
Hendlev,  Humphries,  Hunter.  Johnston,  Leslev,  Lewis,  Lutter- 
loh. Marshall,  Maxwell,  Miller,  Mitchell,  Parkhill,  Parsons. 
Pelot.  Pett}'.  Randall  of  Duval.  Randolph.  Robertson.  Rowe. 
Sanchez.  Sheats.  Taylor,  Thompson,  Tolbert,  Turnbull.  Wal- 
ter. Wellman  and  Yilson  of  Polk  and  Manatee — 48. 

So  the  amendment  was  not  agreed  to. 

Mr.  Miller  offered  the  following  amendment  : 

Add  in  2d  line,  of  section  9.  before  the  word    all."  the  words 
"the  net  proceeds  of:"" 
Which  was  accepted. 

The  question  was  upon  adoption  of  the  section  be  amended  : 
Which  was  agreed  to.  and  the  amendment  was  declared 
adopted. 

Mr.  Randell.  of  Madison,  otiered  to  amend  as  follows: 

Strike  out  in  lines  9  and  10  "  or  personal  property."'  and 
insert  estate."' 


382 


Mr.  Carter  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 

Article  IX,  on  Education,  was  again  read  a  third  time  and 
put  upon  its  passage. 

The  yeas  and  nays  were  called. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton, 
Bennett,  Bethel,  Blount,  Broome,  Bush,  Carter,  Carr,  Carson, 
C'hallen,  Chandler,  Conover,  Cook,  Davidson,  Duncan,  Earle, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Greeley,  Hatch,  Hendley,  Hope,  Humphries,  Hunter,  Johnston, 
Landrum,  Lewis,  Lutterloh,  Marshall,  Maxwell,  Miller,  Mitchell, 
McClellan,  McKinnon,  Parsons,  Pelot,  Petty,  Randall  of  Duval, 
Randolph,  Robertson,  Sanchez,  Sheats,  Speer,  Taylor,  Thomp- 
son, Turnbull,  Walter,  Weeks,  Wellman,  Wilson  of  Polk  and 
Manatee,  Wylly  and  Yonge — 59. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Blackburn,  Camp- 
bell, Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Davis, 
Edge,  Green,  Hausman,  Henderson,  Hicks,  Jones,  Lesley, 
Love,  Malone,  Milton,  Morgan,  McCaskill,  Neel,  Odom,  Or- 
man,  Parker,  Parkhill,  Paterson,  Randellof  Madison,  Richard, 
Scott,  Stone,  Tedder,  Wadsworth  and  Wilson  of  Clay — 32. 

So  the  Article  was  passed  as  stated. 

Mr.  Marshall  offered  the  following  additional  section  to  Ar- 
ticle on  Miscellaneous  Provisions,  and  asked  that  it  be  spread 
upon  the  Journal,  which  was  agreed  to  : 

The  right  of  eminent  domain  is  hereby  declared  to  exist  in 
the  State  to  all  frontages  on  the  navigable  waters  of  this  State, 
and  whenever  the  right  of  way  to  such  water  is  required  for 
any  public  purpose  such  right  cannot  be  denied  or  curtailed,  nor 
the  free  navigation  of  such  waters  destroyed  or  obstructed,  and 
the  Legislature  shall  enact  such  laws  as  will  give  the  most  lib-, 
eral  construction  to  this  provision,  so  that  access  to  the  navi- 
gable waters  of  this  State  shall  always  be  attainable  for  the 
people  thereof. 

Mr.  Humphries  offered  a  substitute  for  section  3,  Article 
VIII,  which  was  referred  to  the  Committee  on  County,  Town- 
ship and  City  Organizations. 

On  motion  of  Mr.  Chandler,  the  Convention  adjourned  until 
9  o'clock  A.  M.  to-morrow. 


383 


THIRTY-FIFTH  DAY. 


TUESDAY,  July  21,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  tiie  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hun- 
ter, Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lut- 
terloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton, 
iMitchell,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rowe,  Sanchez,  Scott,  Sheats,  Speer, 
Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks, 
Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly  i.nd  Yonge — 99. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Hatch  moved  to  dispense  with  the  reading  of  the 
Journal ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

The  resolution  relative  to  an  editorial  in  the  Jacksonville 
Times-Union^  introduced  by  Mr.  Tolbert,  on  yesterday,  came 
up  for  consideration  and  was  read. 

Mr.  Mann  offered  the  following  substitute : 

Whereas^  It  is  the  sense  of  this  body  that  the  course  of  the 
Times-  Union  has  been  one  of  fairness  and  actuated  by  principle, 
while  that  of  the  Jacksonville  Herald  in  its  issues  of  the  17th 
and  18th  of  this  month  especially,  has  amounted  to  an  outrage 
on  this  body,  presenting  a  majority  of  the  same  before  the  peo- 


384 


pie  of  the  State  in  a  false  and  dishonorable  light,  making 
charges  that  have  no  foundation  in  fact,  and  this  through  their 
reporter  on  the  ground,  giving  the  appearance  that  the  same 
was  premeditated  ;  therefore,  be  it 

Resolved^  That  the  Timen-  Union  be  requested  to  publish 
the  facts  and  that  this  Convention  denounce  the  course  of  the 
Herald  as  unjust  and  untrue. 

Mr.  Taylor  moved  to  lay  the  original  resolution  and  the  sub- 
stitute therefor  on  the  table. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Campbell,  Carter,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Geno- 
var,  Gillis,  Green,  Hatch,  Hausman,  Hendley,  Hicks,  Hope, 
Humphries,  Hunter,  Johnston,  Jones,  Landrum,  Love,  Lutter- 
loh,  Malone,  Maxwell,  Milton,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Neel,  Odom,  Orman,  Parker,  Parkhill,  Parsons, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Rowe,  Scott,  Sheats,  Speer,  Swearingen,  Taylor, 
Tedder,  Turnbull,  Wadsworth,  Weeks,  Wellman,  Westcott, 
Wylly  and  Yonge— 65. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Bush,  Carson,  Chan- 
dler, Fowler,  Goodbread,  Goss,  Greeley,  Hargret,  Mann, 
Sanchez,  Stone,  Thompson,  Tolbert,  Tompkins  and  Wilson  of 
Clay— 17. 

So  the  resolution  and  the  substitute  were  laid  upon  the  table. 
Mr.  Chandler  moved  that  the  resolutions  and  vote  regarding 
the  Times-  Union  and  Herald  be  expunged  from  the  Journal. 
Mr.  Maxwell  moved  to  lay  the  motion  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bethel,  Blount, 
Broome.  Bush,  Carter,  Clarke  of  Jefferson,  Coker,  Cook,  Earle, 
Edge,  Fogarty,  Gillis,  Goodbread,  Greeley,  Green,  Hatch,  Haus- 
man, Hendley,  Henderson,  Hicks,  Hope,  Humphries,  Hunter, 
Johnston,  Jones,  Landrum.  Love,  Lutterloh,  Malone,  Mann, 
Maxwell,  McCaskill,  McClellan,  Odom,  Parker,  Parkhill, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Swearingen, 
Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Weeks,  Well- 
man  and  Westcott — 61. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Blackburn, 
Carr,  Challen,  Chandler,  Clark  of  Jackson,  Conover,  Davidson, 
Davis,  Duncan,  Fowler,   Genovar,    Gibbs,   Hargret,  Lesley, 


! 


385 


Lewis,  Marshall,  Miller,  Milton,  Morgan,  McKinnon,  Xeel,  Or- 
man,  Parsons,  Petty,  Stone,  Tiirnball,  Wadsworth,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  W3dly  and  Yonge — 34. 

So  the  motion  to  expunge  was  laid  u{)on  the  table. 

The  roll  of  committees  being  called  the  following  reports 
were  submitted  : 

Mr.  Yonge,  Chairman  of  the  Committee  on  County  Town- 
ship and  City  Organization,  made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  21,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  County,  Township  and  City  Or- 
ganization, to  whom  was  referred — 

Resolution  relat.ng  to  a  road  tax  and  working  the  public 
roads,  introduced  by  Mr.  Walter,  of  Duval, 

Beg  leave  to  report  that  they  have  had  the  same  under  con- 
sideration and  recommend  that  it  be  laid  upon  the  table,  the 
subject  matter  thereof  being,  in  the  opinion  of  your  committee, 
a  subject  for  legislation. 

Very  respectfully, 

J.  E.  Yonge, 
Chairman  of  Committee. 

Which  was  received,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 

Mr.  Randell,  of  the  Engrossment  and  Enrollment  Commit- 
tee, made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  21,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 

Article  I,  on  Boundaries,  and  Article  — ,  on  Private  Cor 
porations, 

Beg  to  report  that  they  have  compared  and  examined  the 
same,  and  find  them  correctly  engrossed. 

Very  respectfully, 

Theodore  Randell, 
H.  H.  Duncan, 
W.  F.  Thompson, 

Committee. 

Which  was  received,  and  the  accompanying  papers  placed 
among  the  orders  of  the  day. 
25 


386 


Mr.  Turnbull,  Chairman  of  the  Committee  on  Printing, 
offered  the  following  report : 

Constitutional  Convention  of  Florida 

To  Dorr  &  Bowen,  Dr. — For  Printing. 

1885. 

July  20— To  net  amount  of  bill  rendered  July  7  $2,912  03 


July  10— By  cash  from  St^te  Treasurer   2,000  00—$  912  03 

July  20— To  printin^^  D  lily  Journals  from  July  6tli 
to  ISLb,  inclusive,  $1,577  25,  less  30  per 

cent.,  $473  17   1,104  08 

July  20— To  miscellaneous  printing.  Articles,  &c., 
from  July  9th  to  18lh,  inclusive,  $82  61, 

less  30  per  cent.,  $24  78   57  83 

July  20— To  128  pages  in  book  form,  225  to  352,  in- 
clusive, at  $1 15,  $147  20,  less  30  per 
cent.,  $44  16   103  04 

Net  amount  due     $2,176  98 


Which  was  read  for  information. 

Article  XIV,  on  Suffrage  and  Eligibility,  was  read  the  first 
time  by  its  title  and  placed  among  the  orders  of  the  day  for  a 
second  reading. 

Mr.  Landrum  moved  to  reconsider  the  vote  by  which  Article 
IX  was  passed  on  yesterday  ; 

Which  was  postponed  until  to-morrow. 

Mr.  Yonge,  Chairman,  asked  leave  for  the  Committee  on 
County,  Township  and  City  Organization  to  sit  during  the  ses- 
sion of  the  Convention ; 

Which  was  granted. 

Mr.  Goss  obtained  leave  and  introduced  the  following : 

Ordinance  No.  — .  The  Legislature  may  provide  by  law,  at 
its  first  session  under  this  Constitution,  for  submitting  to  the 
qualified  electors  of  the  State  the  question  "  Shall  the  State  be 
divided  so  that  all  the  counties  west  of  the  Suwannee  river,  in- 
cluding Monroe  county,  be  formed  into  a  State  known  as  West 
Florida,  and  all  the  counties  east  and  south  of  said  river  be 
formed  into  a  State  known  as  Florida?"  This  Ordinance  to  be 
submitted  as  a  separate  Article  to  the  electors  of  the  State  at 
the  same  time  of  submitting  this  Constitution  fi  r  ratification 
and  in  the  same  manner,  and  on  receiving  a  majority  of  the 
votes  cast  at  said  election  it  then  becomes  a  part  of  this  Con- 
stitution with  all  the  force  and  effect  of  the  Constitution. 
The  Legislature  in  that  event  shall  provide  by  law  for  the  carry- 
ing into  effect  the  provisions  of  this  Ordinance. 

Which  was  rea<i,  ordered  spread  upon  the  Journal  and  re- 
ferred to  the  Committee  on  Census,  Apportionment  and  Bqun- 
daries ; 


387 


The  Convention  resumed  the  consideration  of  Article  XYI, 
on  Miscellaneous  Provisions. 
Section  14  was  read. 

The  following  amendment,  offered  by  Mr.  Baker  on  yester- 
da}^  was  taken  up : 

Provided^  That  any  State  or  county  officer  may  give  the 
bond  of  any  surety  and  fidelit}"  company  under  such  restric- 
tions as  ma}^  be  provided  hy  law. 

Mr.  Maxwell  renewed  the  following  amendment  to  the  amend- 
ment, offered  by  him  on  yesterday : 

Add  to  section  : 4  the  words,  "but  any  officer  depositing 
with  the  State  Comptroller  any  State  or  IJnited  States  bonds, 
to  be  approved  by  such  Comptroller,  equal  in  amount  to  that 
of  the  bond  required  of  him,  shall  not  be  required  to  give 
other  than  his  personal  bond,  for  which  such  deposit  shall  be 
held  as  security." 

Mr.  Love  moved  that  the  amendment  and  the  amendment  to 
the  amendment  be  laid  on  the  table,  .  . , 

The  yeas  and  nays  were  called. 

The  vote  was  : 

Yeas — Messrs.  Bennett,  Blackburn,  Blount,  Campbell,  Car- 
ter, Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Edge,  Green,  Hatch,  Hendley,  Hen- 
derson, Hocker,  Hope,  Johnston,  Jones,  Landrum,  Love,  Ma- 
hone,  Marshall,  Milton,  Morgan,  McCaskill,  McClellan,  McKin- 
non,  Odom,0rman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Randell  of  Madison,  Randolph,  Richard,  Robertson,  Scott, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  TurnbuU,  Wads- 
worth,  Walker,  Jr.,  Weeks,  Wellmnn,  Westcott,  Wilson  of 
Clay  and  Wylly— 56. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Broome,  Carr,  Chal- 
len,  Chandler,  Conover,  Fowler,  G-ibbs,  Gillis,  Goss,  Greeley, 
Hargret,  Hunter,  Lesley,  Lewis,  Maxwell,  Miller,  Mitchell, 
Neel,  Petty,  Rowe,  Thompson,  Tompkins  and  Wilson  of  Polk 
and  Manatee — 25. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Baker  moved  to  indefinitely  postpone  section  14. 

Mr.  Love  moved  to  lay  the  motion  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Love  moved  the  adoption  of  Section  14,  and  called  the 
previous  question. 

The  previous  question  was  ordered. 

Section  14  was  then  passed  as  read. 
"  Section  15  was  read.  ..;  .: 


388 


The  following  amendment  offered  by  Mr.  Hocker,  on  yester- 
day was  pending  : 

Amend  Section  15,  Article  XVI,  by  adding  thereto  after  the 
word  "  duties,"  in  the  last  line,  the  following  :  "  And  shall  be 
recorded  by  order  of  the  Comptroller  in  the  respective  counties 
of  the  said  officers,  and  shall  thereby  become  a  lien  in  favor  of 
the  State,  and  the  county,  of  any  officer  for  any  official  indebt- 
edness of  said  officers  during  their  terms  of  office  upon  all  the 
real  estate  which  the  principals  in  said  bonds  shall  own  in  the 
State  at  the  time  of  execution  thereof,  or  shall  own  therein 
during  the  term  of  office  of  any  of  said  principals,  and  shall 
continue  to  be  a  lien  on  said  real  estate  superior  to  all  exemp- 
tions and  subsequent  liens  for  one  year  after  the  expiration  of 
the  term  of  office  of  any  such  officer 

Also  the  following  substitute,  offered  by  Mr.  Landrum  : 

SUBSTITUTE  FOR    SECTION  15. 

The  official  bonds  of  the  Sheriffs  and  Clerks  of  the  Circuit 
Courts  shall  be  approved  by  the  Circuit  Judges  or  State  At- 
torneys of  the  several  Judicial  Circuits  of  this  State.  The  As- 
sessors of  Taxes  and  Collectors  of  Revenue  of  the  several 
counties  of  this  State  shall  be  approved  by  the  Board  of 
County  Commissioners  of  the  several  counties  of  this  State, 
before  such  officers  shall  enter  upon  the  discharge  of  their 
respective  duties. 

Mr.  Maxwell  moved  to  postpone  further  action  on  section  15 
for  the  present ; 

Which  was  agreed  to. 

Section  34  came  up  for  consideration  and  was  read. 
A  division  of  the  question  was  called  for  and  granted. 
The  question  was  on  the  salary  of  the  Governor. 
Mr.  Orman  moved  to  amend  as  follows  : 

Strike  out  in  line  1  the  words  "thirty -five  hundred,"  and 
insert  "  three  thousand  ;" 
Which  was  not  agreed  to. 

Mr.  Sanchez  moved  the  following  amendment : 
Strike  out  "  3,500  "  and  insert  "  4,000  ;" 
Which,  upon  motion,  was  laid  on  the  table. 
Mr.  Swearingen  moved  the  following  amendment : 

Strike  out  "  thirty -five  hundred,"  and  insert  "  twenty-five 
hundred ; " 

Which  was  laid  upon  the  table. 

The  report  of  the  committee  fixing  the  salary  of  the  Gov- 


( 


389 


ernor  at  thirty-five  hundred  dollars  per  annual  was  then 
adopted. 

The  question  was  then  upon  the  salary  of  the  Comptroller. 

The  report  of  the  committee  fixing  his  salary  at  two  thou- 
sand dollars  per  annum  was  adopted  without  amendment  being 
offered. 

The  question  was  then  upon  the  salary  of  the  State  Treas- 
urer. 

The  report  of  the  committee  fixing  his  salar}^  at  two  thou- 
sand dollars  per  annum  was  adopted. 

The  question  was  then  upon  the  salarj^  of  the  Secretary  of 
State. 

Mr.  Randell,  of  Madison,  offered  to  amend  as  follows  : 
In  3d  line  strike  out  "  $1,500  "  and  insert  "  $2,000  ;" 
Which  was  not  agreed  to. 

The  report  of  the  Committee  fixing  the  salary  of  the  Secre- 
tary of  State  at  fifteen  hundred  dollars  per  annum  was  then 
adopted. 

The  question  was  then  upon  the  salary  of  the  Attorney- 
General. 

Mr.  Swearingen  offered  to  amend  as  follows  : 

Strike  out  "  fifteen  hundred,"  and  insert  "twelve  hundred 
dollars"  for  Attorne3"-G-eneral. 

Mr.  Blount  moved  to  amend  the  amendment  as  follows : 

That  the  salary  of  the  Attorney- General  be  fixed  at  two  thou- 
sand dollars. 

Mr.  Swearingen  moved  to  lay  the  amendment  to  the  amend- 
ment on  the  table  ; 
Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Swearingen. 

Mr.  Hendle}"  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Carter,  Challen,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fowler, 
Genovar,  Gil)bs,  Gillis,  Greeley,  Green,  Hausman,  Hendley, 
Hicks,  Hope,  Humphries,  Hunter,  Johnston,  Jones,  Landrum, 
Lesley,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Milton,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randell  of 
Madison,  Randolph,  Richard,  Robertson,  Rowe,  Scott,  Sheats, 
Speer,  Stone,  Taylor,  Wads  worth.  Walker,  Jr.,  Weeks,  Well- 


390 


man,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee 
and  Wylly— 69. 

Nays — Messrs.  Baker,  Carr,  Carson,  Chandler,  Conover, 
Goodbread,  Goss,  Hargret,  Hatch,  Henderson,  Lewis,  Miller, 
Mitchell,  Orman,  Petty,  Randall  of  Duval,  Sanchez,  Swearin- 
gen.  Tedder  and  Thompson — 20. 

So  the  motion  to  la}^  on  the  table  was  agreed  to. 

The  report  of  the  Committee  fixing  the  salary  of  the  Attor- 
ney-General at  fifteen  hundred  dollars  per  annum  was  then 
adopted. 

The  question  was  then  upon  the  salary  of  the  Commission- 
er of  Agriculture. 

Mr.  Swearingen  ofiered  the  following  amendment : 

Strike  out  "  twelve  hundred  dollars  for  Commissioner  of 
Agriculture,"  and  insert  "  one  thousand  dollars." 

Mr.  Miller  offered  to  amend  the  amendment  as  follows  : 

Strike  out  "  twelve  hundred  dollars,"  and  insert  "  six  hun- 
dred dollars  "  in  line  4,  Section  34. 

Mr.  Bush  moved  to  lay  the  amendment  and  the  amendment, 
to  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Blount  moved  to  strike  out  "twelve  hundred,"  and  in-  i 
sert  in  lieu  thereof     two  thousand." 

Mr.  Swearingen  moved  to  lay  the  amendment  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Baker,  Bennett,  Blackburn,  Campbell,  Carter, 
Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Conover,  Davis,  Duncan,  Earle,  Fowler,  Gen-  || 
ovar,  Gibbs,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  j 
Hausman,  Hendley,  Henderson,  Hicks,  Hope,  Hunter,  Jones,  j 
Landrum,  Lewis,  Love,  Lutterloh,  Malone,  Marshall,  Miller,  j| 
Milton,  Mitchell,  Morgan,  McClellan,  McKinnon,  Neel,  Odom,  ! 
Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Petty,  Randell  t 
of  Madison,  Randolph,  Richard,  Robertson,  Rowe,  Sanchez,  j 
Scott,  ^Speer,  Stone,  Swearingen,  Tedder,  Thompson,  Turnbull,  j 
Wadsworth,  Walter,  Weeks,  Wellman,  Westcott,  Wilson  of  ' 
Clay  and  Wylly— 12.  ! 

Nays — Messrs.  Blouat,  Broome,  Bush,  Cook,  Davidson, 
Fogarty,  Gillis,  Humphries,  Johnston,  Lesley,  Mann,  Maxwell, 
Ranaall  of  Duval,  Sheats,  Taylor,  Walker,  Jr.,  Wilson  of  Polk  j 
and  Manatee  and  Yonge — 18. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Bennett  ofiered  to  amend  as  follows  : 


391 


Strike  out  "  twelve  hundred  "  and  insert  "  fifteen  hundred." 

Mr.  Swearingen  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Walker,  Jr.,  moved  to  reconsider  the  vote  just  taken. 

Mr.  Landrum  moved  the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  then  upun  the  motion  to  reconsider  ; 

Which  was  not  agreed  to. 

Mr.  Mann  offered  the  following  amendment : 

Strike  out"  1,200,"  and  make  it  to  read  ''shall  be  $2,000 
until  the  Legislature  shall  see  fit  to  reduce  the  same." 

Mr.  McKinnon  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

The  report  of  the  committee  fixing  the  salary  of  the  Com- 
missioner of  Agriculture  at  twelve  hundred  dollars  per  annum 
was  then  adopted. 

The  question  was  then  upon  the  salary  of  the  Superintend- 
ent of  Public  Instruction. 

Mr.  Sbeats  offered  the  following  amendment: 

Strike  out  in  the  last  line  "  twelve  hundred,"  and  insert 
"  two  thousand." 

Mr.  Maxwell  moved  the  previous  question. 
The  previous  question  was  ordered. 

The  question  was  on  the  adoption  of  the  amendment  offered 
by  Mr.  S heats. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Blount,  Broome, 
Carr,  Challen,  Candler,  Cook  Davidson,  Duncan,  Earle, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Greeley,  Har- 
gret,  Hocker,  Hope,  Humphries,  Hunter,  Lesley,  Lewis,  Mann, 
Marshall,  Maxwell,  McClellan,  Parker,  Pelot,  Randall  of 
Duval,  Randolph,  Sheats,  Speer,  Taylor,  Thompson,  Tomp- 
kins, Walter,  Wellman,  Wilson  of  Polk  and  Manatee,  Wylly 
and  Yonge — 44. 

Nays — Messrs.  Blackburn,  Bush,  Carter,  Carson,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Davis,  Edge, 
Goodbread,  Green,  Hatch,  Hausman,  Hendley,  Henderson, 
Hicks,  Johnston,  Jones,  Love,  Malone,  Miller,  Milton,  Mor- 
gan, McCaskill,  Neel,  Orman,  Parkhill,  Parsons,  Paterson, 
Petty,  Randell  of  Madison,  Richard,  Scott,  Stone,  Swearingen, 
Tedder,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Weeks  and  Wilson 
of  Clay— 42. 

So  the  amendment  was  adopted. 


392 


-  Mr.  Orman  offered  the  following  amendment  : 

The  Legislature  may,  at  any  time,  by  a  two-third  vote  of 
each  House,  prescribe  other  and  different  salaries  for  any,  or 
all,  of  the  above  officers,  but  no  such  change  shall  aflfect  the 
officers  then  in  commission. 

Mr.  Chandler  moved  to  amend  the  amendment  by  striking 
out  the  words  "two-thirds  "  and  insert  the  word  "majority" 
in  lieu  thereof. 

Mr.  Goss  moved  to  lay  the  amendment  and  the  amendment 
thereto  on  the  table ; 
Which  was  agreed  to. 

Mr.  Hicks  offered  the  following  amendment  : 

The  Secretary  of  State  shall  be  ex-officio  Superintendent  of 
Public  Instruction  and  for  his  services  as  such  Superintendent 
he  shall  have  a  salary  of  one  thousand  dollars. 

Wr.  Wylly  moved  to  lay  the  amendment  on  the  table; 
Which  was  agreed  to. 

Mr.  Taylor  offerred  the  following  substitute : 

The  Legislature  shall  fix  the  salaries  of  the  Governor, 
Comptroller,  Secretary  of  State,  State  Treasurer,  Attorney- 
General,  Commissioner  of  Agriculture  and  Superintendent  of 
Public  Instruction.  But  the  salary  of  the  incumbents  of  any 
of  said  offices,  shall  never  be  increased  or  diminished  during 
their  term  of  office  ; 

Which  was  withdrawn. 

Mr.  McClellan  offered  the  following  substitute  for  section  34 : 

The  Legislature  shall,  at  the  first  session  thereof  after  the 
adoption  of  this  Constitution,  fix  the  salary  of  the  Governor  of 
the  State,  the  Comptroller,  the  State  Treasurer,  the  Secretary 
of  State,  the  Attorney-General,  the  Commissioner  of  Agricul- 
ture, the  Superintendent  of  Public  Instruction,  the  salaries  of 
the  Judges  of  the  Supreme  and  Circuit  Courts,  and  when  so 
fixed  they  shall  be  neither  increased  or  diminished  during  the 
term  for  which  said  officers  are  elected  or  appointed. 

Mr.  Thompson  offered  the  following  amendment  to  the  sub- 
stitute : 

,  Strike  out  "  never  be  increased  or  diminished  "  and  add 
"  decreased  or  increased,  at  the  discretion  of  the  Legislature." 

Upon  motion,  the  amendment  was  laid  upon  the  table. 
Mr.  McClellan  moved  the  adoption  of  the  substitute  offered 
by  him,  and  called  the  previous  question. 
The  previous  question  was  ordered. 


393 


The  question  was  upon  putting  the  substitute  in  place  of  the 
original  section  ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  substitute. 
The  }  eas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bennett,  Bethel,  Blount,  Broome, 
Coker,  Conover,  Cook,  Davidson,  Duncan,  Earle,  Fogarty- 
Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Greele^^,  Hausman,  Hend, 
ley,  Hocker,  Hope,  Humphries,  Hunter,  Johnston,  Lesley, 
Lewis,  Lutterloh,  McClellan,  Odom,  Parker,  Parsons,  Pater- 
son,  Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Sanchez,  Sheats,  Speer,  Taylor,  Walker,  Jr.,  Walter, 
Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee  and 
Wylly— 47. 

Nays — Mr.  Resident,  Messrs.  Blackburn,  Campbell,  Carr, 
Challen,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson,  Davis, 
Edge,  Goodbread,  Green,  Hargret,  Hatch,  Henderson,  Hicks, 
Jones,  Landrum,  Love,  Malone,  Marshall,  Miller,  Milton,  Mor- 
gan, McCaskill,  McKinnon,  Xeel,  Orman,  Parkhill,  Richard, 
Scott,  Stone,  Swearingen,  Tedder,  Thompson,  Tompkins,  Turn- 
bull,  Wadsworth  and  Weeks — 39. 

So  the  substitute  was  agreed  to. 

Upon  motion,  the  Convention  took  a  recess  until  4  o'clock 
P.  M.  to-day. 


FOUR  O'CLOCK   P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  beino^  called,  the  following  deleorates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bennett,  Bethel,  Blackburn, 
Blount,  Broome,  Bush,  Campbell,  Carter,  Carson,  Challen, 
Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Con- 
over,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley, 
Green,  Hargret,  Hatch,  Hausman,  Hendley,  Henderson,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  John- 
ston, Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 


394 


Mann,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan, 
McClellan,  McKinnon,  Neel,  Odom,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell 
of  Madison,  Randolph,  Richard,  Robertson,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks, 
Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Man- 
atee, Wylly,  Yonge  and  Zipperer — 98. 
A  quorum  present. 

Mr.  Bell,  of  Hamilton,  was  granted  a  leave  of  absence  on 
account  of  sickness  in  his  family. 

Messrs.  Tolbert  and  Bell,  of  Brevard  and  Dade,  were  in- 
definitely excused. 

Mr.  McCaskill  was  also  indefinitely  excused. 

The  Convention  resumed  the  consideration  of  Article  XYI, 
on  Miscellaneous  Provisions. 

The  question  was  on  the  motion  of  Mr.  Paterson  to  recon- 
sider the  vote  by  which  section  26  was  passed  ; 

Which  was  agreed  to. 

Mr.  Paterson  offered  the  following  amendment  : 

At  beginning  of  section  26  insert  as  follows,  to-wit :  "  Deeds 
and  mortgages  which  have  been  proved  for  record  and  record- 
ed according  to  law,  shall  be  taken  as  prima  facie  evidence  in 
the  courts  of  this  State  without  requiring  the  proof  of  the 
execution." 

Mr.  McClellan  moved  to  recommit  the  section  and  amend- 
ments to  the  committee  ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amend- 
ment ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended  ; 

Which  was  agreed  to,  and  the  section  was  declared  passed. 
The  following  additional  section  to  Article  XYI,  offered  by 
Mr.  Marshall  on  yesterday,  was  read  : 

The  right  of  eminent  domain  is  hereby  declared  to  exist  in 
the  State  to  all  frontages  on  the  navigable  waters  of  this  State, 
and  whenever  the  right  of  way  to  such  water  is  required  for 
any  public  purpose  such  right  cannot  be  denied  or  curtailed, 
nor  the  free  navigation  of  such  waters  destroyed  or  obstructed, 
and  the  Legislature  shall  enact  such  laws  as  will  give  the  most 
liberal  construction  to  this  provision,  so  that  access  to  the  navi- 
gable waters  of  this  State  shall  always  be  attainable  for  the  peo- 
ple thereof; 


395 


Which  was  posLpoued  for  the  present. 

Mr.  Challen  offered  the  foUovrinof  additional  sections  to 
Article  XVI  : 

The  right  oi  drainage  and  the  means  to  procure  it  shall  be 
promoted  and  protected,  and  the  right  of  way  through  in- 
ferior lands  for  the  drainage  of  superior  by  the  direct  as  well 
as  by  the  natural  course  shall  be  provided  for  and  enforced; 
Provided.  That  the  cost  and  damage  of  such  easement  may 
be  assessed  in  proportion  to  benefit  upon  the  lands  of  the 
parties  applying  for  the  same :  and.  provided  further.  That 
the  owners  of  lands  bearing  the  servitude  shall  be  entitled  to 
jusL  compensation  from  the  parties  so  applying. 

The  right  to  collect  rates  or  compensation  for  the  use  of 
water  supplies  to  any  county,  city  or  town,  or  the  inhabitants 
thereof,  is  a  franchise  and  cannot  be  exercised  except  by 
authority  of  and  in  the  manner  prescribed  b}-  law  : 

Which  were  read,  ordered  spread  upon  the  Journal  and  re- 
ferred to  the  Committee  on  Miscellaneous  Provisions. 

Mr.  Tonge,  Chairman  of  the  Committee  on  County,  Town- 
ship and  City  Organization,  obtained  leave,  and  made  the  fol- 
lowing report: 

CoxvENTiox  Hall,  Tallahassee.  Fla..  July  21.  18S5. 

Hon.  Samuel  Pasco. 

Pref-ident  of  the  Convention  : 

Sir:  Your  Committee  to  whom  was  referred  accompanying 
resolution  Relating  to  Changing  County  Lines  and  Locating 
County  Seats,  introduced  by  Mr.  Humphries,  of  Polk,  beg 
leave  to  report  that  they  have  the  same  under  consideration 
and  have  authorized  its  Chairman  to  offer  certain  amendments 
to  the  original  report  in  accordance  with  the  judgment  of  the 
committee  upon  Mr.  Humphries"  resolution. 

Very  respectfully. 

J.  E.  YOXGE, 

Chairman  Committee  on  County,  Township  and  City  Organi- 
zation. 

Which  was  received  and  placed  among  the  orders  of  the  day. 

Counties  and  Cities — Substitute  for  Section  3.  Article 
VIII.  The  Legislature  shall  have  the  power  to  and  shall 
establish  new  counties  and  change  county  lines  in  every  case 
in  which  a  vote  having  been  taken  on  the  proposition  at  a  gen- 
eral election  it  shall  be  found  that  two-thirds  of  the  electors 
voting  within  the  limits  affected  by  the  change  shall  have  voted 
therefor.    Xo  new  county  shall  be  established  containing  less 


396 


than  400  square  miles.  The  county  seat  of  the  altered  or  new- 
ly established  county  may  be  at  such  place  as  the  electors  may 
choose  at  the  general  election  above  mentioned  in  this  section. 
Every  newly  established  county  shall  be  held  liable  for  its  pro- 
portion of  the  then  existing  liabilities  of  the  county  or  coun- 
ties from  which  it  shall  be  formed,  rated  upon  the  basis  of 
the  assessed  value  of  the  property,  both  real  and  personal,  sub- 
ject to  taxation  within  the  territory  taken  from  county  or 
counties,  and  every  county  acquiring  additional  territory  from 
another  county  shall  be  held  liable  for  its  proportion  of  the 
liabilities  of  such  other  county  existing  at  the  time  of  such 
acquisition,  to  be  rated  upon  the  basis  of  the  assessed  vabie  of 
all  property  subject  to  taxation  within  such  acquired  territory. 

Article  — ,  on  Private  Corporations,  was  read  a  third  time. 

Mr.  Baker  moved  to  strike  out  section  2. 

Mr.  McKinnon  moved  to  lay  the  motion  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bennett,  Blackburn,  Blount,  Broome,  Bush, 
Campbell,  Carter,  Carson,  Challen,  Clarke  of  Jelferson,  Clark 
of  Jackson,  Coker,  Cook,  Davis,  Edge,  Fogarty,  Grenovar, 
Gillis,  Goss,  Green,  Hatch,  Herndon,  Hicks,  Hocker,  Hunter, 
Jones,  Landrum,  Lutterloh,  Malone,  Marshall,  Milton,  Mitch- 
ell, Morgan,  McClellan,  McKinnon,  Neel,  Odom,  Orman, 
Parker,  Parkhill,  Pelot,  Randall  of  Duval,  Richard,  Robert- 
son, Rowe,  Sanchez,  Scott,  Sheats,  Stone,  Swearingen,  Turn- 
bull,  Wadsworth,  Walker,  Jr.,  Weeks,  Westcott,Wilson  of  Clay, 
Wylly,  Yonge  and  Zipperer — 59. 

Nays — Messrs.  Baker,  Carr,  Chandler,  Conover,  Davidson, 
Fowler,  Gibbs,  Goodbread,  Greele}^,  Hargret,  Hausman,  Hend- 
ley,  Henderson,  Hope,  Ives,  Lesley,  Lewis,  Love,  Mann,  Max- 
well, Miller,  Parsons,  Petty,  Randell  of  Madison,  Randolph, 
Taylor,  Tedder,  Thompson,  Tompkins,  Walter,  Wellman  and 
Wilson  of  Polk  and  Manatee — ;i2. 

So  the  motion  to  lay  on  the  table  wa3  agreed  to. 

Mr.  Baker  offered  the  following  amendment  to  section  2  : 

Any  railroad  attorney,  newspaper  correspondent  or  persons 
holding  passes  for  any  other  consideration  shall  surrender  their 
passes  upon  being  elected  to  the  Legislature  or  any  State 
office. 

Mr.  Marshall  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Miller  offered  the  following  amendment  to  section  2  : 
Provided^  however^  That  this  shall  not  apply  to  persons 


397 


holding  passes  for  other  reasons  than  by  virtue  of  any  official 
position. 

Mr.  Marshall  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Lesley  moved  that  Article  Xo.  — ,  on  Private  Corpora- 
tions be  put  upon  its  passage,  and  moved  the  previous  ques- 
tion. 

The  previous  question  was  ordered. 

The  question  was  upon  the  final  passage  of  the  Article. 

The  3"eas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bennett,  Blackburn,  Blount, 
Broome,  Bush,  Campbell,  Carter,  Carson,  Challen.  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davis,  Duncan,  Edge, 
Fogarty,  Genovar,  Gillis,  Goodbread,  Goss,  Green,  Hatch,  Plaus- 
man,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hunter, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Lutterloh,  Ma- 
lone,  Mann,  Marshall,  Maxwell,  Milton,  Morgan,  McClellan, 
McKinnon,  Xeel,  Odom,  Orman,  Parker,  Parkhill,  Parsons, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rowe,  Sanchez,  Scott,  Sheats,  Speer, 
Stone,  Swearingen,  Tajdor,  Tedder,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer— 80. 

Nays — Messrs.  Baker,  Carr,  Chandler,  Conover,  Davidson, 
Fowler,  Gibbs,  Greele}^  Hargret,  Hope,  Humphries,  Lewis, 
Miller,  Mitchell,  Paterson,  Petty,  Thompson,  Tompkins, 
Walter  and  Westcott— 21. 

So  the  Article  was  passed  as  stated. 

When  Mr.  Challen's  name  was  called  he  voted  aye,  protest- 
ing as  follows  : 

I  vote  for  the  Article  on  Private  Corporations  under  protest, 
because  I  insist  that  it  is  incomplete  and  wholly  insufficient  for 
the  accomplishment  of  the  purposes  for  which  the  Article  was 
or  should  have  been  intended,  and  request  that  this  protest  be 
entered  upon  the  Journal. 

Article  Till,  on  County,  Township  and  City  Organization, 
came  up  for  consideration  on  its  second  reading. 

Section  1  was  read  and  adopted  without  amendment. 
Section  2  was  read  and  adopted  without  amendment. 
Section  3  was  read. 

Mr.  Parker  offered  to  amend  as  follows  : 

Strike  out  the  words  "two-thirds  "  and  insert  in  lieu  thereof 
the  word  "  majority  "  in  line  2. 


398 


Mr.  Green  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  amendment. 
The  3^eas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Blackburn,  Blount,  Broome,  Bush, 
Carter,  Challen,  Cook,  Davidson,  Duncan,  Fogarty,  Fowler, 
Gillis,  Goodbread,  Goss,  Greeley,  Hatch,  Hausman,  Hendley, 
Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Johnston,  Landrum,  Lutterloh,  Mann,  Marshall,  Maxwell, 
Morgan,  McClellan,  Odom,  Parker,  Parsons,  Pelot,  Randall 
of  Duval,  Richard,  Sanchez,  Sheats,  Speer,  Stone,  Taylor, 
Tompkins,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wyll}^,  Yonge 
and  Zipperer — 54. 

Nays — Messrs.  Baker,  Carr,  Carson,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Davis,  Edge, 
Genovar,  Gibbs,  Green,  Hargret,  Jones,  Lesley,  Lewis,  Love, 
Malone,  Miller,  Milton,  Mitchell,  McKinnon,  Neel,  Orman,  Park- 
hill,  Paterson,  Petty,  Randell  of  Madison,  Randolph,  Robert- 
son, Rowe,  Scott,  Swearingen,  Tedder,  Thompson,  Turnbull 
and  Wellman — 31. 

So  the  amendment  was  adopted. 

Mr.  Hocker  moved  to  amend  as  follows  : 

Strike  out  all  of  section  3  down  to  "  every,"  in  tth  line,  and 
insert  in  lieu  thereof,  "  the  Legislature  shall  have  power  to  es- 
tablish new  counties." 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas— Messrs.  Baker,  Blackburn,  Carr,  Carson,  Challen, 
Clark  of  Jackson,  Coker,  Conover,  Davidson,  Davis,  Duncan, 
Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Green,  Hargret, 
Hausman,  Hendley,  Herndon,  Hicks,  Humphries,  Hunter, 
Jones,  Lesley,  Love,  Malone,  Mann,  Miller,  Milton,  Mitchell, 
Morgan,  McClellan,  McKinnon,  Neel,  Odom,  Orman,  Parker, 
Parkhill,  Parsons,  Pelot,  Petty,  Randell  ot  Madison,  Richard, 
Robertson,  Rowe,  Sheats,  Swearingen,  Tompkins,  Walker,  Jr., 
Walter,  Westcott,  Wilson  of  Clay,  Wylly  and  Yonge — 56. 

Nays — Messrs.  Bennett,  Blount,  Broome,  Bush,  Carter,  Chan- 
dler, Clarke  of  Jefferson,  Cook,  Duncan,  Gillis,  Goss,  Greeley, 
Hatch,  Henderson,  Hocker,  Hope,  Ives,  Johnston,  Landrum, 
Lewis,  Lutterloh,  Marshall,  Maxwell,  Paterson,  Randall  of  Du- 
val, Randolph,  Sanchez,  Scott,  Speer,  Stone,  Taylor,  Tedder, 


399 


Thompson,  Turnbull,  Weeks,  Wadsworth,  Wellman,  Wilson  of 
Polk  and  Manatee  and  Zipperer — 37. 

So  the  motion  to  lav  on  the  table  was  agreed  to. 

Mr.  Humphries  offered  to  amend  as  follows : 

Strike  out  "  any  county  or  counties  atfected,"  in  second  line, 
and  insert  "  the  limits  affected  by  the  change." 

Mr.  Malone  moved  to  la}^  the  amendmeat  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Duncan  offered  to  amend  as  follows  : 

Section  3,  line  2,  after  "  electors,"  insert  "  of  any  portion  of 
the  county  or  counties  to  be  formed  into  the  proposed  new 
county  voting  upon  the  proposition  at  a  general  election  shall 
have  voted  therefor."    Strike  out  balance  of  sentence  ; 

Which  was  not  agreed  to. 

Mr.  Yonge  offered  the  following  amendment  : 

Strike  out  "  six,"  in  lines  4  and  5,  and  insert  "  four." 

Mr.  Malone  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Blackburn,  Blount,  Broome,  Camp- 
bell, Carr,  Carson,  Challen,  Clark  of  Jackson,  Coker,  Conover, 
Davis,  Edge,  G-enovar,  Greele}',  Green,  Hargret,  Henderson, 
Herndon,  Hicks,  Hope,  Ives,  Jones,  Lesley,  Lewis,  Love,  Ma- 
lone, Milton,  Mitchell,  McClellan,  McKinnon,  Xeel,  Orman, 
Parkhill,  Paterson,  Pelot,  Petty,  Randolph,  Rowe,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Walker,  Jr.,  and  Wylly — 47. 

Xays — Messrs.  Bennett,  Bush,  Carter,  Chandler,  Clarke  of 
Jefferson,  Cook,  Davidson,  Duncan,  Fogarty,  Fowler,  Gillis, 
Goss,  Hatch,  Hendle}",  Hocker,  Humphries,  Hunter,  Johnston, 
Landrum,  Lutterloh,  Mann,  Marshall,  Maxwell,  Miller,  Odom, 
Parker,  Randall  of  Duval,  Richard,  Robertson,  Taylor,  Ted- 
der, Tompkins,  Turnbull,  Wadsworth,  Walter,  Weeks,  Wilson 
of  Cla}',  Wilson  of  Polk  and  Manatee,  Yonge  and  Zipperer 
—39. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 
Mr.  Lesley  offered  to  amend  as  follows  : 

Strike  out  in  line  three  all  after  the  word  "  therefore,"  to 
and  including  the  word  "  miles,"  in  fifth  line. 

Mr.  Challen  offered  to  amend  the  amendment  as  follows : 

Strike  out  the  sentence  beginning  in  the  fifth  line  and  ending 
in  the  seventh  line  ; 

Which  was  accepted  by  Mr.  Lesley. 


400 


The  question  was  then  upon  the  motion  to  adopt  the  amend- 
ment ab  offered  by  Mr.  Challen ; 
Which  was  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Lesley  ; 
Which  was  not  agreed  to. 
Mr.  Humphries  moved  to  amend  as  follows ; 

In  line  five  strike  out  all  after  miles  "  to  end  of  sentence, 
and  insert,  "  When  a  new  county  shall  be  established  the 
county  seat  thereof  shall  be  located  in  such  place  as  may  be 
designated  by  a  majority  vote  of  the  qualified  electors  of  the 
new  county;" 

Which  was  adopted. 

Upon  motion  of  Mr.  Mitchell  the  Convention  adjourned  un- 
til 9  o'clock  A.  M.  to-morrow. 


401 


THIRTY-SIXTH  DAY. 


WEDXESDAY,  July  22,  1885. 

Tiie  Conventioii  met  pursuant  to  acTjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Ay.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Ben- 
nett, Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jeflerson, 
Clark  of  Jackson,  Coker,  Conover,  Cock,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gribbs,  Gillis, 
Goodbread,  Go^s,  Greeley  Green,  Hargret,  Hatch,  Hausman, 
Hendley.  '1  t. Person,  Herndon,  Hicks,  Hocker,  Hope.  Hum- 
phries, Hun-.A  r,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Miller,  MUton.  Mitchell,  Morgan,  McLlellan,  McKinnon,  Xeel, 
Odom,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Raudall  of  Duval,  Randell  of  Madison,  Randolph  Rich- 
ard, Roberts-'^n,  Rowe,  Sanchez,  Sheats,  Speer,  Stone,  Swear- 
ingen,  Taylor,  Redder,  Thompson,  Tolbert,  Tompkins,  Turn- 
hull,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman,  West- 
(50tt,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer — 101. 

A  quorum  present. 

Pra3'er  by  the  Chaplain. 

Mr.  Chade  -i  moved  that  the  reading  of  the  Journal  be  dis- 
pensed wv;  !i ; 

Which  VN     agreed  to. 

The  Jouriial  was  c  orrected  and  approved. 

Mr.  Randell  made  the  follow  motion  : 

I  will  on  Thursday  move  a  reconsideration  of  the  vote  by 
which  the  substitute  offered  by  Mr.  McClellanto  Article  XYI, 
section  34,  was  passed  ; 

v\  hich  was  laid  over  until  to-morrow. 

Mr.  Randolph  offered  the  following  resolution  : 

Resolved^  That  it  is  the  sense  of  the  people  of  the  State  of 
Florida,  represented  by  their  delegates  in  Convention  assem- 
bled, that  all  transportation  companies  within  the  State  do 
herebv  issue  orders  recalling  all  passes  issued  to  members  of 
26 


402 


the  Legislature,  Executive  or  Judicial  departments  of  the  gov- 
ernment, for  the  year  1885,  and  to  declare  the  same  to  be  null 
and  void  ;  and  it  is  furthermore  the  sense  of  this  Convention 
that  no  transportation  company  shall  issue  any  free,  pass  prior 
to  the  ratification  of  this  Constitution  ; 

Which  was  read. 

Mr.  Randolph  moved  to  suspend  the  rules  so  that  the  reso- 
lution may  be  acted  on  immediatel}^ ; 

Which  was  not  agreed  to,  and  the  resolution  was  laid  over 
under  the  rule. 

Mr.  Randall,  of  Duval,  submitted  a  memorial  signed  by  T. 
J.  Mott,  President,  and  B.  T.  Allen,  Secretary ; 
Which  was  read. 

The  question  was  upon  the  spreading  of  the  memorial  on 
the  Journal. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Blount,  Broome,  Bush,  Campbell,  Carr,  Carson,  Challen, 
Chandler,  Coker,  Conover,  Cook,  Davidson,  Duncan,  Edge, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Greeley,  Green,  Hargret,  Hendley,  Henderson,  Herndon,  Hicks, 
Hocker,  Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Mann,  Marshall,  Max- 
well, Miller,  Milton,  Mitchell,  Morgan,  McClellan,  McKinnon, 
Neel,  Orman,  Parker,  Parkhill,  Parsons,  Pelot,  Petty,  Randall 
of  Duval,  Randolph,  Richard,  Robertson,  Rowe,  Sanchez, 
Sheats,  Speer,  Swearingen,  Thompson,  Tolbert,  Tompkins, 
Walker,  Jr.,  Walter,  Weeks,  Westcott,  Wilson  of  Clay,  Wil- 
son of  Polk  and  Manatee,  Yonge  and  Zipperer — 81. 

Nays — Messrs.  Bethel,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Davis,  Earle,  Hatch,  Hausman,  Malone,  Odom,  Pater- 
son,  Randell  of  Madison,  Scott,  Stone,  Taylor,  Turnbull, 
Wadsworth  and  Wellman — 17. 

So  the  motion  to  spread  upon  the  Journal  was  agreed  to, 
and  it  was  so  ordered. 

A  SOLEMN  PROTEST. 

To  Mr.  President  and  Members  of  the  Constitutional  Conven- 
tion assembled: 

Gentlemen  :  A  Convention  of  the  working  people  of  Jack- 
sonville and  vicinity  was  held  on  Frida}^  evening,  the  10th 
instant,  at  Livingston  Hall,  this  city,  for  the  purpose  of  con- 
sidering the  question  of  the  capitation  tax  as  a  prerequisite  to 
the  exercise  of  the  elective  franchise. 

In  that  meeting  the  sentiment  was  unanimous  that  such  pro- 


403 


T-ision  in  the  Canstitution  will  not  and  cannot  be  productive  of 
any  good  to  the  whole  people  :  but,  on  the  contrary,  would 
work  untold  injury  to  the  great  majority  of  the  people  of  the 
State — the  working  classes.  It  leads  to  a  diabolical  traffic  in 
the  elective  franchise. 

The  sentiment  of  the  meeting  was  favorable  to  a  SI  capita- 
tion tax.  a  rigid  enforcement  of  its  collection,  and  such  part 
thereof  applied  to  the  Common  School  Fund  as  can  be  judic- 
iously appropriated  :  but  when  the  payment  of  such  capitation 
tax  is  made  a  prerequisite  to  the  ballot  it  looks  too  much  like 
forcing  a  citizen  of  a  reputed  free  country  to  buy  the  privilege 
of  exercising  his  prerogatives  as  such  :  it  savors  too  much  of 
aristocracy  and  despotism,  and  is  contrary  to  the  spirit  and 
genius  of  American  institutions. 

It  was  also  the  sentiment  of  the  meeting  that  the  objects 
which  the  friends  of  the  provision  desire  can  be  accomplished 
by  less  arbitrary  means,  by  holding  officials  to  a  strict  ac- 
countability for  their  official  conduct  :  deal  with  them  rigidly 
but  honestly  according  to  the  plain  rules  of  the  laws.  By  this 
means  the  people  of  the  State  can  do  more  toward  securing  effi- 
cient and  competent  officials  :  it  is  the  only  effective  means  to 
accomplish  so  desirable  an  end. 

It  was  further  the  sentiment  of  said  Convention  that  (while 
it  disapproved  of  relying  upon  and  copying  after  the  example 
of  other  and  older  States  m  any  matter  whatever,  believing  the 
people  of  Florida  know  their  wants  and  are  competent  to  pro- 
vide for  them)  the  representatives  of  the  people,  in  Constitu- 
tional Convention  assembled,  should  profit  by  the  exi:>erience 
of  such  States  as  have  adopted  the  capitation  prerequisite. 
The  attention  of  the  Convention  is  respectfully  called  to  the 
working  of  such  a  law  in  G-eorgia.  in  which  State  it  has  been 
the  means  of  concentrating  the  duties  and  privileges  of  citi- 
zenship among  a  privileged  class — those  who  can  pay  the  tax 
without  any  eifort.  Such  policy  has  served  to  pervert,  though 
unwillingly,  what  should  be  a  democracy  into  an  aristocracy. 
Though  in  force  but  a  few  years,  the  great  mass  of  the  people 
have  become  dissatisfied  with  its  unjust  operations,  and  are 
calling  for  its  repeal.  In  that  State  many  persons  abundantly 
able  to  pay  the  tax  fail  to  do  so  for  the  avowed  purpose  of 
escaping  the  duties  of  citizenship.  The  attention  of  the  Con- 
vention is  respectfully  called  to  the  following  excerpt  from  a 
Georgia  paper,  which  will  give  it  a  vivid  idea  how  the  law 
works  in  that  State  : 

It  is  a  mystery  what  becomes  of  citizens  when  they  are 
needed  for  jury  duty  or  to  pay  a  poll  tax.  In  such  emergen- 
cies there  is  a  tremendous  shrinkage  of  population.    The  state- 


404 


ment  is  made  that  out  of  a  population  of  50,000  in  Chatham 
county,  only  1,200  appeared  on  the  poll  tax  list  of  1883,  and 
2,950  on  the  list  of  1884.  Jury  duty  has  to  be  discharged  by 
296  grand  jurors  and  less  than  1,409  petit  jurors.  As  there  are 
probably  8,000  persons  in  the  county  liable  to  poll  tax  and  jury 
duty,  it  will  be  seen  that  there  is  an  opening  for  reform.  Nor 
does  this  state  of  alfairs  exist  in  Chatham  county  alone.  It 
exists  to  a  greater  or  lesser  extent  in  every  county  in  the 
State.  The  manifest  injustice  of  such  a  general  shirking  of 
the  responsibilities  of  a  civilized  community  should  be 
remedied,  if  possible. — Atlanta  Constiimti'on. 

Whereupon,  the  following  resolutions  were  unanimously 
adopted  by  the  Convention  : 

Resolved,  That  the  President  and  Secretary  of  this  meeting 
be  instructed  to  reduce  its  sentiments  to  writing,  in  shape  of  a 
memorial,  setting  forth  the  views  of  the  meeting,  and  earnestly 
protesting  against  the  engrafting  of  such  provision  in  the 
Constitution,  preferring  the  adoption  of  a  new  fundamental 
law  in  lieu  of  the  present  unjust  and  radical  one. 

Resolved^  That  should  the  Convention  ignore  this  protest,, 
that  the  meeting,  here  assembled,  pledges  itself  to  use  all  its 
influence  to  secure  its  defeat. 

Besolved,  That  a  copy  of  this  protest  and  resolutions  be 
forwarded  by  the  Secretary  of  this  meeting  to  some  member  of 
the  Convention  known  to  be  in  sympathy  with  the  sentiments 
of  this  meeting  for  presentation  to  the  consideration  of  the 
Convention. 

T.  J.  MoTT,  President. 

B.  T.  Allen,  Secretary. 

The  roll  of  committees  being  called  the  following  reports 
were  submitted : 

M»r.  Carter,  of  the  Committee  on  Education,  made  the  fol- 
lowing report : 

Convention  Hall,  Tallahassee,  Fla.,  July  22,  1885. 

Hon.  Samuel  Pasco, 

.    •         President  of  the  Convention  : 

Sir  :  Your  Committee  on  Education  to  whom  was  referred — 
Resolutions  by  Messrs.  Sanchez,  Marshall,  Bush,  WylJy, 
Sheats,  Walker,  Jr.,  Mann,  Hendley,  Landrum  and  Wilson,  of 
Polk,  report  the  same  back  with  the  recommendation  that 


405 


they  be  laid  upon  the  table,  and  that  sections  14  and  15  hereb}^ 
reported  by  the  committee  be  adopted. 

Yery  respectfully, 

Syd!  L.  Carter, 
A.  Patterson, 
T.  Scott, 
W.  K  Sheats, 
C.  W.  Lewis, 
H.  W.  Chandler, 

Committee. 

Which  was  received  and  placed  among  the  orders  of  the  day. 

Section  14.  The  Legislature  at  its  first  session  shall  pro- 
vide for  the  establishment,  maintenance  and  management  of 
such  Normal  Schools,  not  to  exceed  two,  as  the  interests  of 
public  education  may  demand. 

Section  15.  The  Legislature  may  make  provision  for  the 
proper  adjustment  and  settlement  of  the  claim  of  the  citizens 
of  Ocala  against  the  State  for  certain  aid  given  b}^  the  citizens 
of  the  town  of  Ocala  for  the  establishment  of  the  East  Florida 
Seminarv  in  1852,  and  conditional  upon  its  location  at  the 
said  town. 

Mr.  Johnston  moved  that  the  balance  due  Messrs.  Dorr  & 
Bo  wen,  as  shown  by  the  report  of  the  Committee  on  Printing 
on  yesterday,  be  paid. 

On  motion  of  Mr.  Swearingen,  the  motion  was  passed  over 
for  the  present. 

31r.  Mann  offered  the  following  resolution  : 

Resolved^  That  any  attache  or  clerk  of  this  body  who  may 
have  been  discharged  and  not  paid  shall  be  considered  in  the 
employ?-  of  this  body  until  paid. 

Mr.  Mann  moved  that  the  rules  be  suspended  and  that  the 
resolution  be  immediatel}-  considered  : 

Which  was  not  agreed  to,  and  the  resolution  was  laid  over 
under  the  rules. 

The  consideration  of  Article  YIII,  on  Counties  and  Cities, 
was  resumed. 

Section  3,  as  far  as  amended,  was  read. 

Mr.  Maxwell  asked  leave  to  introduce  the  following  reso- 
lution : 

That  Articles  and  Ordinances  as  they  are  adopted  be  printed 
for  the  use  of  the  Committee  on  Style  and  Arrangement,  and 
be  referred  to  that  committee  ; 

Which  was  granted,  and  the  resolution  was  adopted. 

Mr.  Weeks  offered  the  following  amendment  to  section  3 , 
Article  Till  : 


406 


Strike  out  six  hundred,"  in  4tli  and  5th  lines,  and  insert 
"  four  hundred  and  fifty  ;" 

Which  was  not  agreed  to. 

Mr.  Marshall  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  b}^  Mr.  Duncan  on  yesterda}^  to  amend 
section  3,  Article  YIII,  was  lost ; 

Which  was  agreed  to. 

Mr.  Duncan  then  renewed  his  amendment  as  follows  : 

Section  3,  line  2,  after  "electors,"  insert  "of  any  portion  of 
the  county  or  counties  to  be  formed  into  the  proposed  new 
county  voting  upon  the  proposition  at  a  general  election  shall 
have  voted  therefor."    Strike  out  balance  of  sentence. 

The  question  was  on  the  adoption  of  the  amendment. 
Mr.  Blount  offered  to  amend  the  amendment  as  follows : 

Amend  the  amendment  by  striking  out  the  words  "  voting 
upon  the  proposition  at  a  general  election." 

The  question  was  on  the  adoption  of  the  amendment ; 

Which  was  accepted  by  Mr.  Duncan,  who  changed  his 
amendment  so  as  to  conform  with  the  amendment  as  amended 
as  follows  : 

Section  3,  line  2,  after  "  electors  of  any  portion  of  the  county 
or  counties  to  be  formed  into  the  proposed  new  county  shall 
have  voted  therefor,"  and  strike  out  the  rest  of  the  section  ; 

Which  was  agreed  to. 

Mr.  Maxwell  offered  to  amend  as  follows  : 

Add  after  "  rules,"  in  line  5,  "  nor  stiall  any  new  count}'  be 
established  in  which  there  are  less  than  five  hundred  registered 
voters,  nor  shall  any  county  be  reduced  to  less  than  that  num- 
ber." 

Mr.  Parker  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

Mr.  Gillis  moved  the  adoption  of  the  amendment  offered  by 
Mr.  Maxwell,  and  called  the  previous  question. 
The  previous  question  was  ordered. 
The  amendment  was  then  adopted. 

Mr.  Sheats  moved  to  reconsider  the  vote  by  which  the  word 
"  majority  "  was  inserted  in  place  of  the  words  "  two-thirds  " 
on  yesterday  ; 

Which,  upon  motion,  was  laid  upon  the  table. 

Mr.  Wilson  gave  notice  that  he  would  on  to-morrow  move  to 
reconsider  the  vote  by  which  the  amendment  offered  by  Mr. 
Maxwell  adding  after  the  word  "  miles,"  in  line  5,  "  nor  shall 
any  county  be  established  in  which  there  are  less  than  five 


407 


hundred  registered  voters,  nor  shall  any  county  be  reduced  to 
less  than  that  number." 

Mr.  Malone  gave  notice  that  he  would  move  a  reconsidera- 
tion of  the  vote  by  which  the  following  section  to  Article  XYI 
was  passed,  on  yesterday  : 

At  beginning  of  section  26  insert  as  follows,  to-wit :  "  Deeds 
and  mortgages  which  have  been  proved  for  record  and  recorded 
according  to  law,  shall  be  taken  as  prima  facie  evidence  in  the 
courts  of  this  State  without  requiring  the  proof  of  the  execu- 
tion.*' 

Mr.  Parsons  moved  to  amend  section  3,  Article  Till,  as 
follows  : 

Provided^  That  the  Legislature  may  immediately  divide 
Monroe,  Dade  and  Brevard  counties  without  regard  to  the 
number  of  registered  voters. 

Mr.  Bethel  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Blount  moved  to  reconsider  the  vote  b}^  which  the  fol- 
lowing amendment  to  section  3,  Article  Till,  offered  by  Mr. 
Hocker,  was  lost,  on  yesterday : 

Strike  out  all  of  section  3  down  to  every,"  in  7th  line,  and 
insert  in  lieu  thereof,  *'  the  Legislature  shall  have  power  to 
establish  new  counties  ;" 

Which  was  agreed  to  and  the  vote  was  reconsidered. 
The  question  was  then  upon  the  adoption  of  the  amend- 
ment. 

Mr.  Blount  offered  to  amend  the  amendment  by  adding 
"  and  to  change  county  lines  ;" 

Which  was  accepted  by  Mr.  Hocker. 

The  question  was  then  upon  the  adoption  of  the  amend- 
ment as  amended ; 
Which  was  agreed  to. 

Mr.  Lesley  offered  the  following  substitute  for  Section  3, 
Article  Till: 

The  Legislature  shall  have  the  power  to,  and  shall  establish, 
new  counties  and  change  county  lines  in  ever}'  case  in  which  a 
majority  of  the  qualified  electors  of  any  county  or  counties 
created  thereby  voting  upon  the  proposition  at  a  general  elec- 
tion shall  have  voted  therefor.  Every  newly  established  county 
shall  be  held  liable  for  its  proportion  of  the  then  existing  lia- 
bilities of  the  county  or  counties  from  which  it  shall  be  formed, 
rated  upon  the  basis  of  the  assessed  value  of  the  property, 
both  real  and  personal,  subject  to  taxation  within  the  territory 
taken  from  county  or  counties,  and  every  county  acquiring 


408 


additional  territory  from  another  county  shall  be  held  liable 
for  its  proportion  of  the  liabilities  of  such  other  county  exist- 
ing at  the  time  of  such  acquisition,  to  be  rated  upon  the  basis 
of  the  assessed  value  of  all  property  subject  to  taxation  within 
such  acquired  territory. 

Mr.  Johnston  moved  to  lay  the  substitute  on  the  table ; 
Which  was  agreed  to. 

Mr.  Taylor  offered  the  following  substitute  for  section  3, 
Article  YIII : 

Sec.  3.  The  Legislature  shall  have  power  to  and  shall  es- 
tablish new  counties  whenever  the  electors  of  any  area  of  ter- 
ritory containing  at  least  six  hundred  square  miles,  and  five 
hundred  qualified  electors  shall,  by  a  majority  vote  of  the  elec- 
tors within  such  territory,  shall  have  voted  at  any  general 
election  for  the  formation  of  such  new  county.  No  new  county 
shall  be  established  containing  an  area  of  less  than  six  hundred 
square  miles  and  less  than  five  hundred  qualified  electors. 
Every  newly  established  county  shall  be  held  liable  for  its 
proportion  of  the  indebtedness  of  the  county  or  counties  from 
which  the  territory  composing  such  new  county  was  taken, 
existing  at  the  time  of  the  formation  of  such  new  county,  rated 
upon  the  basis  of  the  assessed  value  of  all  property  subject  to 
taxation  within  the  territory  taken  from  such  county  or  coun- 
ties ;  and  every  county  acquiring  additional  territory  from  an- 
other count}^  shall  be  liable  for  its  proportion  of  the  liabilities 
of  such  county  from  which  such  territory  was  taken,  existing 
at  the  time  of  such  acquisition,  to  be  rated  upon  the  basis  of 
the  assessed  value  of  all  property  subject  to  taxation  within 
such  acquired  territory.  The  Legislature  shall  also  have  power 
to  change  county  lines,  but  the  boundary  lines  of  no  county 
shall  be  so  changed  or  interfered  with  as  to  run  within  less  than 
ten  miles  of  any  established  county  site. 

Mr.  Parker  moved  to  lay  the  substitute  on  the  table; 

Which  was  agreed  to. 

Mr.  Malone  offered  to  amend  as  follows : 

Provided^  That  in  no  case  shall  any  new  county  hereafter 
organized  be  entitled  to  separate  representation  in  the  Legis- 
lature until  such  county  or  counties  shall  have  500  legally 
qualified  voters. 

The  question  was  upon .  the  adoption  of  the  amendment 
offered  by  Mr.  Malone  ; 

Which  was  not  agreed  to. 

Mr.  Maxwell  moved  that  section  3,  Article  YIII,  be  adopted 
as  amended,  and  moved  the  previous  question. 
The  previous  question  was  ordered. 


409 


Section  3  was  adopted  as  amended. 

Section  4  was  read. 

Mr.  Neel  offered  to  amend  as  follows  : 

Strike  out  "  two-thirds  "  in  lines  2  and  3,  and  insert  "  a  ma- 
jority."   Strike  out  "  eight  "  in  line  4,  and  insert  "  ten." 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amend- 
ment ; 

Which  was  agreed  to,  and  the  amendment  was  adopted. 
Mr.  Broome  offered  the  following  amendment : 

Strike  out  "  the,"  in  line  2,  and  insert  "  such,"  and  strike 
out  all  after  "  removal,"  in  second  line  ; 
Which  was  adopted. 

Mr.  Randolph  offered  the  following  amendment  : 

Provided^  That  in  the  formation  of  new  counties  the  county 
seat  may  be  temporarily  located  by  law  ; 
Which  was  adopted. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended  ; 

Which  was  agreed  to,  and  the  section  was  declared  adopted 
as  amended. 

The  following  additional  section  was  read  : 

Section  — .  There  shall  be  appointed  by  the  Governor,  by 
and  with  the  consent  of  the  Senate,  in  and  for  each  county, 
five  Count}^  Commissioners.  Their  terms  of  office  shall  be 
four  3^ears,  and  their  powers,  duties  and  compensation  shall  be 
prescribed  by  law. 

Mr.  Walter  moved  to  lay  the  section  on  the  table. 

The  yeas  and  naj^s  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Black- 
burn, Bush,  Carson,  Challen,  Chandler,  Conover,  Fowler, 
Gibbs,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hicks,  Hun- 
ter, Landrum,  Lesley,  Lewis,  Mann,  Miller,  Mitchell,  McKin- 
non,  Neel,  Parker,  Petty,  Randall  of  Duval,  Robertson,  Rowe, 
Sheats,  Thompson,  Tolbert,  Tompkins,  Walter,  Wilson  of 
Polk  and  Manatee  and  Zipperer — 37. 

Nays — Mr.  President,  Messrs.  Bennett,  Bethel,  Blount, 
Broome,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook, 
Davidson,  Davis,  Duncan,  Edge,  Fogarty,  Genovar, 
Gillis,  Hatch,  Hausman,  Henderson,  Herndon,  Hocker, 
Hope,  Humphries,  Ives,  Johnston,  Jones,  Love,  Lutteiioh, 


410 


Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McClellan, 
Odom,  Orman,  Parkhill,  Parsons,  Paterson,  Pelot,  Randell 
of  Madison,  Randolph,  Richard,  Scott,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  TurnbuU,  Wadsworth,  Walker, 
Jr.,  Weeks,  Wilson  of  Clay,  Wylly  and  Yonge — 56. 

So  the  motion  to  lay  upon  the  table  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  additional  sec- 
tion. 

Mr.  Swearingen  moved  to  amend  by  striking  out  the  words 
"  four  years  "  and  insert    two  years 
Which  was  accepted  and  asfreed  to. 

Mr.  Walter  offered  the  following  substitute  for  the  addi- 
tional section  : 

The  Board  of  County  Commissioners  of  each  county  shall 
consist  of  five  members,  but  at  the  election  held  for  choosing 
the  same,  there  shall  not  appear  upon  any  one  ballot  the  name 
of  more  than  three  persons  voted  for  for  said  office,  and  upon 
a  canvass  of  the  votes  the  five  persons  receiving  the  greatest 
number  of  votes  shall  be  declared  elected,  and  shall  constitute 
said  Board. 

Mr.  Coker  moved  to  lay  the  substitute  on  the  table. 
Th3  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Bethel,  Blackburn,  Blount,  Carter,  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Edge,  Fogarty,  Grenovar,  Gillis,  Hatch,  Hausman,  Henderson, 
Herndon,  Hocker,  Hope,  Humphries,  Ives,  Johnston,  Jones, 
Landrum,  Lesley,  Love,  Lutterloh,  Malone,  Marshall,  Maxwell, 
Milton,  Morgan,  McClellan,  Odom,  Orman,  Parker,  Parkhill, 
Parsons,  Paterson,  Pelot,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Scott,  Sheats,  Speer,  Stone,  Swearingen, 
Taylor,  Tedder,  TurnbuU,  Wadsworth,  Weeks,  Wilson  of  Clay, 
WUson  of  Polk  and  Manatee,  Wylly  and  Yonge — 64. 

IS'ays — Messrs.  Broome,  Bush,  Carr,  Challen,  Chandler,  Con- 
over,  Fowler,  Gibbs,  Goodbread,  Goss,  Greeley,  Green,  Har- 
gret,  Hicks,  Hunter,  Lewis,  Mann,  Miller,  Mitchell,  McKin- 
non,Neel,  Petty  Randall  of  Duval,  Rowe,  Thompson,  Tolbert, 
Tompkins,  Walker,  Jr.,  Walter  and  Zipperer — 30. 

So  the  motion  to  la}^  the  substitute  on  the  table  was 
agreed  to. 

Mr.  Baker  gave  notice,  that  he  would  on  to  morrow,  move  to 
reconsider  the  vote  just  taken. 

Mr.  Hocker  offered  to  amend  the  additional  section  by  adding 
as  follows : 


411 


The  Legislature  shall  provide  for  the  division  of  each  count}' 
into  five  districts,  and  one  County  Commissioner  shall  be 
selected  from  each  of  such  districts. 

The  question  was  upon  the  adoption  of  the  amendment. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Broome,  Bush,  Carter,  Carson, 
Challen,  Chandler,  Clarke  of  Jefferson,  Conover,  Cook,  Da- 
vidson, Davis,  Duncan,  Fogarty,  G-enovar,  Gillis,  G-oodbread, 
G-reen,  Hausman,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Johnston,  Jones,  Lesley,  Lutterloh,  Mann,  Marshall,  Mor- 
gan, Odom,  Parker,  Parkhill,  Paterson,  Pelot,  Randall  of  Du- 
val, Randell  of  Madison,  Randolph,  Richard,  Rowe,  Scott, 
Sheats,  Speer,  Taylor,  Tedder,  Tolbert,  Tompkins;  Turnbull, 
Wadsworth,  Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 6L 

Xays — Messrs.  Baker,  Blount,  Campbell,  Carr,  Clark  of  Jack- 
son, Coker,  Edge,  Fowler,  Gibbs,  Goss,  Greeley,  Hargret, 
Hatch,  Henderson,  Herndon,  Hicks,  Landrum,  Lewis,  Malone, 
Maxwell,  Miller,  Milton,  Mitchell,  McClellan,  McKinnon,  Xeel, 
Orman,  Parsons,  Petty,  Robertson,  Stone,  Swearingen  and 
Thompson — 32. 

So  the  amendment  was  agreed  to. 

On  motion  of  Mr.  Mann  Mr.  Eugene  Hawkins,  page,  was  ex- 
cused on  account  of  sickness. 

Mr.  Walker  moved  to  reconsider  the  vote  just  taken. 

Mr.  Walker  withdrew  the  motion  to  reconsider  and  gave 
notice  that  he  would,  on  to-morrow,  move  to  reconsider  the 
vote. 

Mr.  Malone  moved  that  the  section  as  amended  be  adopted, 
and  moved  the  previous  question. 

The  question  was,  "  Shall  the  main  question  be  now  put  ?'' 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blount,  Broome,  Campbell, 
Carter,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge.  Fogarty,  Genovar, 
Gillis,  Hausman,  Henderson,  Herndon,  Hicks,  Hocker,  Hope, 
Humphries,  Hunter,  Johnston,  Jones,  Lesley,  Love,  Lutterloh, 
Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McClellan,  Odom, 
Orman,  Parkhill,  Parsons,  Paterson,  Pelot,  Randell  of  Madi- 
son, Richard,  Scott,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Turnbull,  Wadsworth,  Weeks,  Wellman,  Wilson  of  Clay,  Wil- 
son of  Polk  and  Manatee  and  Wylly — 58. 


412 


Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Blackburn, 
Bush,  Garr,  Challen,  Chandler,  Conover,  Fowler,  G-ibbs,  Good- 
bread,  Goss,  Greeley  Green,  Hargret,  Hatch,  Ives,  Landrum, 
Lewis,  Mann,  Miller,  Mitchell,  McKinnon,  Neel,  Parker,  Petty, 
Randall  of  Duval,  Randolph,  Robertson,  Rowe,  Sheats, 
Thompson,  Tolbert,  Walker,  Jr.,  Walter,  Yonge  and  Zip- 
perer — 37. 

So  the  previous  question  was  ordered. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bennett,  Bethel, 
Blount,  Broome,  Carter,  Carson,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan,  Fogarty, 
Genovar,  Gillis,  Hausman,  Henderson,  Herndon,  Hocker, 
Hope,  Humphries,  Ives,  Johnston,  Jones,  Love,  Lutterloh, 
Malone,  Marshall,  Maxwell,  Milton,  Morgan,  McClellan, 
Odom,  Orman,  Parkhill,  Parsons,  Paterson,  Pelot,  Randell 
of  Madison,  Randolph,  Richard,  Scott,  Speer,  Stone,  Swearin- 
gen,  Taylor,  Tedder,  Turnbull,  Wadsworth,  Weeks,  Well- 
man,  Wilson  of  Clay,  Wylly  and  Yonge — 5t. 

Nays — Messrs.  Bell  of  Brevard  and  Dade,  Blackburn, 
Bush,  Campbell,  Carr,  Challen,  Chandler,  Conover,,  Earle, 
Edge,  Fowler,  Gibbs,  Goodbread,  Goss,  Greeley,  Green, 
Hargret,  Hatch,  Hicks,  Hunter,  Landrum,  Lesley,  Lewis, 
Maun,  Mitchell,  McKinnon,  Neel,  Parker,  Petty,  Randall  of 
Duval,  Robertson,  Rowe,  Sheats,  Thompson,  Tolbert, 
Walker,  Jr.,  Walter,  Wilson  of  Polk  and  Manatee  and 
Zipperer — 38. 

So  the  section  was  adopted. 

On  motion,  the  Convention  was  adjourned  until  4  o'clock 
P.  M.  to-day. 


FOUR  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Campbell,  Carter, 


413 


Carson,  Chalien,  Chandler,  Clarke  of  Jefferson.  Clark  of  Jack- 
son, Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan,  Earle. 
Edge.  Fogarty,  Fowler,  Genovar.  Gillis,  Goodbread,  Goss. 
Greele}',  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Hender- 
son, flerndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Johnston,  Jones,  Landrum,  Lesley,  Lexvis,  Love,  Lutterloh, 
Malnne,  Mann,  Marshall,  Maxwell,  Miller,  Milton,  Mitchell, 
Morgan,  McClellan,  McKinnon,  Seel.  Odom,  Oliveros,  Orman. 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Randall  of  Duval. 
Kandell  of  Madison,  Randolph,  Richard,  Robertson,  Rogers. 
Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Tay- 
lor, Tedder.  Tolbert,  Tompkins,  Tiirnbull,  Wadsworth,  Walker. 
Jr..  Walter,  Weeks,  Wellmau.  Westcott,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 98. 
A  quorum  present. 

The  consideration  of  Article  Till,  on  Counties  and  Cities, 
was  resumed. 

Mr.  Baker  mov'ed  to  reconsider  the  vote  b}'  which  the  ad- 
ditional section  was  adopted. 

Mr.  Yonge  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  agreed  to. 

Section  5  was  read. 

Mr.  Yonge  moved  to  amend  as  follows  : 

Strike  out  in  line  i  the  words  "  five  County  Commission- 
ers 

Which  was  agree-d  to. 

Mr.  Bennett  moved  to  amend  as  follows  : 

Strike  out  the  words  ''a  Board  of  Public  Instruction  to  con- 
sist of  five  members,"  from  the  5th  and  6th  lines." 

Mr.  Y^onge  moved  to  lay  the  amendm .  nt  on  tlie  table  ; 
Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment. 
Mr.  Y^onge  offered  the  following  amendment  to  the  amend- 
ment : 

Insert  after  ^'  Surveyor,""  in  t3th  line,  section  6,  Article  8. 
"  but  the  Legislature  may  in  any  county  or  counties  devolve 
the  duties  of  the  Board  of  Public  Instruction  upon  the  Board 
of  County  Commissioners."' 

Mr.  Oliveros  moved  to  lay  the  amendment  to  the  amend- 
ment on  the  table  ; 
Which  was  agreed  to. 

The  question  was  then  on  the  amendment  offered  by  Mr. 
Bennett. 


414 


Mr.  Sheats  moved  to  indefinitely  postpone  the  amendment. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bethel,  Broome,  Carter,  Carr,  Carson, 
Cook,  Davidson,  Earle,  Fogarty,  Fowler,  Grenovar,  Gibbs, 
Gillis,  Goss,  Greeley,  Green,  Hargret,  Hicks,  Hunter,  John- 
ston, Lewis,  Mitchell,  Neel,  Oliveros,  Paterson,  Randall  of 
Duval,  Randolph,  Richard,  Rogers,  Sanchez,  Sheats,  Swear- 
ingen,  Taylor,  Thompson,  Tolbert,  Weeks,  Wellman,  West- 
cott,  Wilson  of  Clay,  and  Yonge— 40. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Blackburn,  Blount,  Campbell,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Davis,  Duncan,  Edge, 
Goodbread,  Hatch,  Hausman,  Hendley,  Henderson,  Herndon, 
Hocker,  Hope,  Humphries,  Ives,  Jones,  Landrum,  Lesley,  Love, 
Lutterloh,Malone,  Maxwell,  Miller,  Milton,  Morgan,  McClellan, 
Odom,  Orman,  Parker,  Parkhill,  Parsons,  Pelot,  Randell 
of  Madison,  Robertson,  Rowe,  Scott,  Speer,  Stone,  Tedder, 
Tompkins,  Turnbull,  Wadsworth,  Wilson  of  Cla}^,  Wylly 
and  Zipperer — 54. 

So  the  motion  to  indefinitely  postpone  was  not  agreed  to. 

Mr.  Bennett  then  moved  to  adopt  the  amendment,  and  called 
the  previous  question. 

The  previous  question  was  ordered. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Blackburn,  Blount,  Campbell,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Davis,  Duncan,  Edge,  Goodbread,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Ives,  Jones,  Landrum,  Love,  Lutterloh,  Ma- 
loce,  Marshall,  Maxwell,  Miller,  Milton,  Morgan,  McClellan, 
Odom,  Orman,  Parker,  Parkhill,  Parsons,  Pelot,  Randell  of 
Madison,  Robertson,  Scott,  Speer,  Stone,  Tedder,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  /Yilson  of  Polk  and  Mana- 
tee, Wylly  and  Zipperer — 53. 

Nays — Mr.  President,  Messrs.  Bethel,  Broome,  Carter,  Carr, 
Challen,  Chandler,  Conover,  Cook,  Davidson,  Earle,  Fogarty, 
Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Greeley,  Green,  Hargret, 
Hunter,  Johnston,  Lesley,  Lewis,  Mitchell,  Neel,  Oliveros, 
Paterson,  Randall  of  Duval,  Randolph,  Richard,  Rogers,  Rowe, 
Sanchez,  Sheats,  Swearingen,  Taylor,  Thompson,  Walker,  Jr., 
Walter,  Weeks,  Westcott,  Wilson  of  Clay  and  Yonge — 44. 

So  the  amendment  was  agreed  to. 

Mr.  Yonge  moved  to  amend  as  follows  : 


415 


Strike  out  all  between  the  word  "  Sheriff,"  on  line   two,  and 
the  words  "  a  County  Assessor,"  on  line  four,  and  insert 
such  Constables  as  are  provided  in  this  Constitution  ;  " 
Which  was  adopted. 

Mr.  Swearingen  offered  to  amend  as  follows  : 
In  seventh  line  strike  out  "  four,"  and  insert  "  two  years." 
Mr.  Yonge  offered  the  following  substitute  for  the  amend- 
ment : 

Insert  after  "  officers,"  in  sixth  line,  "  mentioned  in  this  sec- 
tion shall  be  four  years." 

Mr.  Johnston  moved  to  lay  the  substitute  for  the  amendment 
on  the  table  ; 

Which  was  not  agreed  to. 

The  question  was  on  the  adoption  of  the  substitute  ; 
Which  was  agreed  to,  and  the  substitute  for  the  amendment 
was  declared  adopted. 

Mr.  Carter  offered  the  following  amendment : 

Insert  in  second  line  after  the  word  "  Sheriff"  who  shall  be 
ex-officio  Tax  Collector,"  and  strike  out  in  line  4  the  words 
a  Tax  Collector." 

Mr.  Speer  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Mitchell  offered  the  following  amendment : 

In  section  5,  line  1,  strike  out  the  words  "  election  by  the 
qualified  electors,"  and  insert  the  words  "  appointment  by  the 
Governor." 

Mr.  Clarke,  of  Jefferson,  moved  to  lay  the  amendment  on  the 
table ;  - 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Bethel, 
Blackburn,  Blount,  Broome,  Campbell,  Carter,  Carson,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  G-enovar,  Gillis,  Goodbread, 
Green,  Hargret,  Hatch,  Hausman,  Hendley,  Henderson,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  John- 
ston, Jones,  Landrum,  Love,  Lutterloh,  Malone,  Marshall, 
Maxwell,  Milton,  Morgan,  McClellan,  McKinnon,  Neel,  Odom, 
Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Randall  of  Duval,  Randell  of  Madison,  Randt)lph,  Richard, 
Robertson,  Rogers,  Rowe,  Scott,  Speer,  Stone,  Swearingen, 
Taylor,  Tedder,  Tolbert,  Tompkins,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Weeks,  Wellman,  Westcott,  Wilson  of  Clay, 
Wylly,  Yonge  and  Zipperer — 81. 


416 


Nays— Messrs.  Baker,  Carr,  Chalieu,  Chandler,  Gonover, 
Gross,  Lesley,  Miller,  Mitchell  and  Thompson — 10. 

So  the  motion  to  la3^  upon  the  table  was  agreed  to. 

Mr.  Turnbull  moved  the  adoption  of  the  section  as  amended 
and  moved  the  previous  question. 

The  previous  question  was  ordered. 

The  section  as  amended  was  then  adopted. 

On  motion  of  Mr.  Walker,  Jr.,  Associate  Justice  Raney  and 
State  Treasurer  Grill  were  invited  to  seats  within  the  bar. 

On  motion  of  Mr.  Yonge,  Mr.  Fries,  of  Pensacola,  was  in- 
vited to  a  seat  within  the  bar. 

Section  6  was  read, 

Mr.  Orman  moved  to  amend  as  follows  : 

Strike  out  all  of  section  down  to  "law,"  in  line  4,  and 
inline  4  the  words  "  except  assistant  tax  assessors  of  taxes." 
Mr.  Rogers  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 

Mr.  Campbell  moved  to  amend  as  follows  : 

Strike  out  "  County  Judge,"  in  eighth  line,  and  insert 
"  County  Commissioners  ;  " 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Ives  moved  to  amend  as  follows  : 

Strike  out  in  9th  line  "  the  Grovernor  and  Attorney- 
Grenerai ;" 

Which  was  agreed  to  and  the  amendment  was  declaimed 
adopted. 

Mr.  Sanchez  offered  to  amend  as  follows  : 

Strike  out  all  the  section  down  to  "  their  "  in  5th  line,  and 
insert  "  the  ;"  strike  out  "  office  "  and  insert  "  officers,"  and 
insert  "  shall  "  between  "  officers  "  and  "  be." 

Mr.  Rogers  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Gillis  offered  the  following  substitute  : 

The  Legislature  shall  by  law  authorize  the  County  Commis- 
sioners of  the  several  counties  to  divide  their  respective  coun- 
ties into  taxation  districts,  and  the  qualified  electors  in  each 
of  said  taxation  districts  may  elect  two  free-holders  in  said 
district,  who,  with  the  Tax  Assessor  of  the  county,  shall  form 
a  Board  of  Tax  Commissioners  for  the  Assessment  of  Property 
in  said  Tax  District.  Adopt  balance  of  section  6  after  word 
law  in  4th  line  ; 

Which,  upon  motion,  ^was  laid  upon  the  table. 


417 


Mr.  Henderson  moved  to  amend  as  follows  : 

Strike  out  all  of  section  6  in  Article '8  : 

TThicli.  upon  motion,  was  laid  upon  the  table. 
Mr.  Orman  offered  the  following  amendment : 

Insert  in  line  2  after  the  word  "  counties  the  words  "  if 
they  deem  it  necessary  for  the  proper  assessment  of  taxes  :  " 

TVhieh.  upon  motion,  was  laid  upon  the  table. 
Mr.  Parkhill  moved  that  section  6  be  adopted,  and  moved 
the  previous  question. 

The  previous  question  was  ordered. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bennett.  Bethel.  Blackburn.  Blount.  Broome, 
Campbell.  Carson,  Clarke  of  Jefferson.  Clark  of  Jackson. 
CoKer.  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge.  Fogart}', 
G-ibbs,  Greeley,  Hausman.  Herndon,  Hocker,  Humphries. 
Hunter,  Ives,  Jones.  Love,  Lutterloh,  Malone,  Marshall,  Max- 
well, Milton,  Morgan,  McClellan,  Odom,  Parkhill,  Pater- 
son.  Pelot,  Randell  of  Madison,  Randolph,  Richard.  Ros'ers. 
Scott,  Sheats,  Speer,  Swearingen,  Taylor,  Turnbull.  Wads- 
worth.  Weeks.  Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee.  Wylly  and  Yonge — 55. 

Xays — Messrs.  Baker,  Carter.  Carr.  Chandler.  Con- 
over.  Fowler,  Grenovar.  Gillis.  Goodbread.  Goss.  Green. 
Hargret.  Hatch,  Hendley,  Henderson,  Hicks,  Hope.  Lan- 
drum,  Lesley,  Lewis,  Miller,  Mitchell,  McKinnon.  Xeel. 
Oiiveros,  Orman,  Parker.  Parsons.  Robertson.  Rowe. 
Sanchez,  Stone,  Tedder,  Thompson.  Tompkins.  Walker.  Jr.. 
and  Westcott — ^36. 

So  the  section  was  adopted. 

Section  T  was  read. 

Mr.  Baker  moved  to  strike  out  the  section. 
Mr.  Bethel  moved  to  lay  the  motion  to  strike  out  on  the 
table: 

Which  was  agreed  to. 

Mr.  Mitchell  moved  to  amend  as  follows  : 

Strike  out  the  words  and  to  abolish  "  in  Ist  line  and  strike 
out  all  after  the  word  '"powers  "  in  2d  line. 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

On  motion  of  Mr.  Walker,  Jr.,  the  Convention  was  adjourned 
until  9  o'clock  A.  M.  to-morrow. 


418 


THIRTY-SEVENTH  DAY. 


THURSDAY,  July  23,  1885. 

The  Convention  met  pursuant  to  adjournment;. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman,  Hend- 
ley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Pett}^,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks, 
Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  i  nd  Zipperer — 104. 
A  quorum  present. 
Prayer  by  the  Chaplain. 

Mr.  Maxwell  arose  and  made  the  following  announcement 
and  remarks : 
Mr.  President  : 

Within  the  last  hour  or  two  the  wires  have  brought  the  sad 
intelligence  of  the  death  of  General  U.  S.  Grant.  This 
event  will  cause  profound  emotion  not  only  in  every  house- 
hold of  America,  but  will  thrill  the  pulsations  of  such 
emotion  througliout  the  civilized  world.  His  life  has  im- 
pressed itself  upon  history  as  that  of  one  of  its  immortal 
heroes.  His  career  as  a  civilian  lifted  him  high  aloft  as  <  .ne 
of  .  the  most  conspicuous  citizens  of  his  country.  The  death 
of  such  a  man  calls  for  something  more  than  the  ordinar}^ 
expressions  of  grief  and  sympathy  ;   and,  to  emphasize  the 


419 


distinction,  I  move  that  the  Convention  do  now  adjourn  till 
to-morrow  morning. 

Mr.  Challen  offered  the  following  resolution  : 

Resolved^  That  the  sad  news  of  the  death  of  the  illustrious 
hero,  General  U.  S.  Grant,  should  meet  with  most  respectful 
and  sincere  consideration  by  the  delegates  to  the  Constitu- 
tional Convention  of  Florida  here  assembled,  and  to  express 
the  sense  of  this  body  that  a  committee  of  five  delegates  be  ap- 
pointed to  prepare  suitable  resolutions  to  be  reported  at  the 
next  session  of  the  Convention  ; 

Which  was  agreed  to,  and  the  President  appointed  Messrs. 
McClellan,  Challen,  Maxwell,  Bethel  and  Walker,  Jr.,  as  such 
committee. 

Mr.  Bethel  moved  that  the  flag  over  the  Capitol  be  lowered 
to  half  mast  until  after  the  funeral ; 
Which  was  so  ordered. 

The  Convention  then  adjourned  until  9  o'clock  A.  M.  to- 
morrow. 


THIRTY-EiaHTH  DAY. 


FRIDAY,  July  24,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bnthel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
Dhries,  Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell, 
Miller,  Milton,  Mitchell,  Morgan,  McClellan,  McKinnon,  Neel, 


420 


Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison,  Ran- 
dolph, Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson, 
Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Walter, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly,  Yonge  and  Zipperer — 103. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Walter  moved  that  the  reading  of  the  Journal  of  the 
last  two  days  be  dispensed  with  ; 
Which  was  agreed  to. 

The  Journals  of  the  last  two  days  were  corrected  and  ap- 
proved. 

Mr.  McClellan,  Chairman  of  the  Special  Committee,  offered 
the  following  report  : 

Resolved  by  the  people  of  Florida^  in  Constitutional  Conven- 
tion assembled,  That  we  have  heard  of  the  death  of  General 
Ulysses  S.  Grant  with  the  deepest  sorrow ;  that  his  time,  the 
most  eventful  in  this  country's  history,  brought  him  forth  a 
historic  character,  who  as  civilian,  soldier  and  statesman  has 
commanded  the  attention  and  admiration,  not  only  of  this  Re- 
public but  of  every  civilized  nation.  His  achievements  in 
war  and  in  peace  have  filled  the  world  with  his  praise ;  that 
his  greatness  does  not  belong  to  any  section  of  his  country. 
He  struggled  in  war  to  preserve  the  Union  of  the  States,  in 
peace  to  maintain  the  Union  in  the  hearts  of  the  whole  people  ; 
that  we  tender  the  family  of  the  illustrious^  dead  our  sincere 
sympathy  and  condolence  ;  that  a  copy  of  these  resolutions  be 
entered  upon  our  Journal,  engrossed  and  forwarded  to  Mrs. 
Grant  and  supplied  to  the  public  press. 

J.  F.  McClellan, 
James  R.  Challen, 
A.  E.  Maxwell, 
L.  W.  Bethel, 
David  S.  Walker,  Jr. 

Which  was  read. 

Mr.  Yonge  offered  the  following  amendment  to  rule  19 : 

When  a  motion  for  the  reconsideration  of  a  vote  by  which 
an  article,  section  or  ordinance  has  been  adopted  or  lost  on  its 
second  reading,  or  passed  or  lost  on  its  third  reading,  is  made, 
it  shall  be  placed  among  the  orders  of  the  day,  and  shall  n^t 
be  acted  upon  the  same  day  it  is  offered,  except  upon  the  last 
day  of  the  session. 

A  motion  to  reconsider  and  to  lay  the  motion  to  reconsider 


421 


upon  the  table  shall  not  apply  to  the  vote  by  which  any  arti- 
cle, section  or  ordinance  has  been  passed  from  its  second  read- 
ing or  disposed  of  on  its  third  readino^. 

A  second  motion  to  reconsider  shall  be  entertained  onl}'  as 
to  the  vote  upon  the  final  passage  on  the  third  reading,  or  the 
disposition  on  the  second  reading  of  an  article,  section  or 
ordinance,  and  in  these  cases  only  by  consent  of  a  majority  of 
the  members  of  the  Convention  ; 

Which  was  read  and  laid  over  under  the  rules. 

Mr.  Blount  offered  the  following  amendment  to  Rule  It : 

Resolved^  That  the  first  sentence  of  Rule  IT  be  amended  so 
as  to  read  "on  all  questions  and  motions  (  except  such  as  are 
embraced  in  Rale  24)  the  President  shall  take  the  sense  of  the 
House  by  yeas  and  nays,  provided  that  one-fifth  of  all  the 
members  of  the  Convention  shall  so  require 

Which  was  read. 

Mr.  Blount  moved  to  waive  the  rules  so  that  the  amendment 
might  be  imediately  considered. 

The  question  was  upon  the  suspension  of  the  rules. 
The^^eas  and  nays  were  called. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bennett.  Bethel,  Blackburn, 
Blount,  Broome,  Campbell,  Carter,  Chandler,  Clarke  of  Jeffer- 
son, Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogart}^,  Genovar,  Grilobs,  Gillis,  Green, 
Hargret,  Hatch,  Hausman,  Hendley,  Herndon,  Hocker,  Hope, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Lutterloh, 
Malone,  Mann,  Marshall,  Maxwell,  Miller,  Milton,  Morgan, 
McClellan,  McKinnon,  Xeel,  Odom,  Oliveros,  Orman,  Parker, 
Parkhill,  Patersoh,  Pelot,  Randall  of  Duval,  Randell  of  Mad- 
ison, Randolph,  Richard,  Robertson,  Rogers,  Sanchez,  Scott, 
S heats  Speer,  Stone,  Taylor,  Tedder,  Tolbert,  Tompkins, 
Turnbull,  Wadsworth,  Weeks,  Wellman,  Westcott,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — T9. 

Xays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bush, 
Carr,  Carson,  Challen,  Fowler,  Goodbread,  Goss,  Greeley, 
Hicks,  Hunter,  Lewis,  Mitchell,  Petty,  Rowe,  Thompson, 
Walker,  Jr.,  and  Zipperer — 19. 

So  the  motion  to  suspend  the  rules  was  agreed  to. 

The  question  was  then  upon  the  consideration  of  the  adop- 
tion of  the  amendment  to  rule  I  T. 

Mr.  Chandler  moved  to  amend  as  follows: 

Strike  out  "  one-fifth  "  and  insert     fourteen  ;" 
Which  was  accepted. 


422 


Mr.  Walker,  Jr.,  moved  the  adoption  of  the  amendment  as 
amended,  and  called  the  previous  question. 
The  previous  question  was  ordered. 

The  question  was  then  upon  the  adoption  of  the  amendment 
as  amended. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Bethel, 
Blackburn,  Blount,  Broome,  Campbell,  Carson,  Chandler, 
Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Genovar,  Gibbs,  Gillis,  Goodbread,  Green,  Hatch,  Hausman, 
Hendley,  Herndon,  Hicks,  Hocker,  Hope,  Hunter,  Ives,  Jones, 
Landrum,  Love,  L  itterloh,  Marshall,  Maxwell,  Milton,  Mor- 
gan, McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros, 
Orman,  Parker,  Parkhill,  Parso  s,  Paterson,  Pelot,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Rogers,  Sanchez,  Scott,  Speer,  Stone,  Swearingen,  Taylor,  Ted- 
der, Tolbert,  Turnbull,  Wadsworth,  Weeks,  Wellraan,  West- 
cott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer — H. 

Nays — Messrs.  Baker,  Carter,  Carr,  Challen,  Clarke  of  Jef- 
ferson, Conover,  Fowler,  Goss,  Greeley,  Hargret,  Lesley, 
Lewis,  Malone,  Mann,  Miller,  Mitchell,  Petty,  Rowe,  Sheats, 
Thompson,  Tompkins,  Walker,  Jr.,  and  Walter — 23. 

So  the  amendment,  as  amended,  was  adopted. 

Mr.  Greeley  offered  the  following  resolution  : 

Besolved^  That  a  committee  of  five  be  appointed  to  make 
the  necessary  arrangements  for  memorial  service  at  the  Capi- 
tol, on  the  day  and  hour  when  the  funeral  of  the  lamented 
General  U.  S.  Grant  shall  take  place,  and  that  said  committee 
be  authorized  to  invite  some  minister  of  the  Gospel  to  deliver 
an  oration  on  the  occasion ; 

Which  was  adopted. 

The  President  appointed  the  following  gentlemen  as  such 
committee  : 

Messrs.  Maxwell,  Greeley,  Broome,  Conover  and  Bethel. 
Mr.  Conover  moved  that  the  President  be  added  to  said 
committee. 

Which  was  agreed  to. 

The  following  resolution,  offered  by  Mr.  Randolph,  on  yes- 
terday, came  up  for  consideration  : 

Resolved^  That  it  is  the  sense  of  the  people  of  the  State  of 
Florida,  represented  by  their  delegates  in  Convention  assem- 
bled, that  all  transportation  companies  within  the  State  do 


423 


hereby  issue  orders  recalling  all  passes  issued  to  members  of 
the  Legislature,  Executive  or  Judicial  departments  of  the  gov- 
ernment, for  the  year  1885,  and  to  declare  the  same  to  be  null 
and  void  ;  and  it  is  furthermore  the  sense  of  this  Convention 
that  no  transportation  company  shall  issue  any  free  pass  prior 
to  the  ratification  of  this  Constitution. 

Mr.  Baker  moved  to  lay  the  resolution  on  the  table  ;  ' 
Which  was  agreed  to,  and  the  resolution  was  laid  on  the 
table. 

The  following  resolution,  offered  by  Mr.  Mann  on  yester- 
day, came  up  for  consideration  : 

Resolved,  That  any  attache  or  clerk  of  this  body  who  may 
have  been  discharged  and  not  paid  shall  be  considered  in  the 
employ  of  this  body  until  paid  ; 

Which  upon  motion  was  laid  on  the  table. 

Mr.  Greeley  offered  the  following  new  section  to  Article 
YIII: 

The  Governor  shall  not  appoint  more  than  three  members  of 
one  political  party  on  an}^  Board  of  County  Commissioners  in 
the  State  ; 

Which  was  referred  to  the  Committee  on  County,  Town- 
ship and  City  Organization. 

Mr.  Walker,  Jr.,  offered  the  following  new  section  to  Arti- 
cle — ,  on  Miscellaneous  Provisions. 

PRIVATE  PROPERTY,  HOW  TAKEN  FOR  PUBLIC  USE. 

Section  — .  No  private  propert}^  of  persons  or  corporations 
shall  be  taken  nor  damaged  for  public  use  in  the  construction 
of  railroads,  canals,  or  if  taken  for  other  purposes,  under 
chartered  rights,  without  just  compensation  to  be  paid  for  the 
same. 

When  such  compensation  is  not  made  by  the  State  then  the 
value  of  such  real  estate  or  other  property  or  rights  so  taken, 
with  damages,  if  any  have  accrued,  shall  be  ascertained  by 
action  at  law,  and  summary  proceedings,  to  be  had  in  a  court 
of  record  having  jurisdiction,  and  to  be  tried  by  commis- 
sioners of  three  house-holders,  or  by  a  jury,  if  demanded  by 
the  owner,  in  or  out  of  term  time,  and  the  findings  and 
amount  to  be  paid  by  the  corporation  benefited  shall  be  filed 
in  the  clerk's  ofiSce  of  such  court,  and  if  no  exceptions  be 
filed  against  such  findings  and  amount,  a  final  judgment  as  by 
confession  shall  immediately  be  entered  for  the  amount  so 
found,  with  costs  of  such  proceedings.  In  case  the  court  sus- 
tains the  exceptions  so  filed  the  court  may  order  such  further 


424 


and  speedy  proceedings  as  shall  secure  justice  to  the  respec- 
tive parties,  and  from  the  final  judgment  so  rendered  there 
shall  be  no  appeal. 

Immediately  from  the  entry  of  such  final  judgment  and  pay- 
ment of  the  same  the  titles  in  fee  simple  to  the  lands  and  other 
property  and  rights  embraced  in  such  adjudications  shall  vest 
in  such  corporation  entitled  to  the  same,  and  satisfaction  of 
such  judgment  with  description,  the  property  shall  be  entered 
in  the  record  of  such  action. 

Every  railroad  or  canal  corporation  may  examine,  survey 
and  locate  its  route,  and  immediately  thereafter  commence  the 
construction,  before  the  title  to  private  or  corporation  lands  or 
other  property,  shall  be  obtained  as  provided  in  this  section, 
and  it  shall  not  be  liable  f(  r  actions  in  trespass  or  restrained 
by  injunction  for  so  doing,  but  the  court  in  which  such  pro- 
ceedings for  title  and  for  compensation  shall  be  commenced 
may  make  such  orders  for  the  payment  into  court  of  sufficient 
money  during  the  pending  of  the  action  as  security  for  such 
real  damages  as  may  be  really  occasioned,  and  to  be  embraced 
in  the  final  judgment. 

The  Legislature  shall  enact  a  general  law  embracing  fully 
the  provisions  of  this  section  ; 

Which  was  referred  to  the  Committee  on  Miscellaneous  Pro- 
visions. 

The  roll  of  committees  being  called  the  following  reports 
were  submitted : 

Mr.  McClellan,  Chairman  of  the  Committee  on  Census  and 
Apportionment,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Pla.,  July  23,  1885. 
Hon.  Samuel  Pasco, 

P7'esident  of  the  Convention  : 

Sir  :  Your  Committee  on  Census  and  Apportionment,  to 
whom  was  referred — 

Many  Resolutions  and  Articles  relating  to  the  subject  mat- 
ter for  which  your  committte  was  constituted,  have  fully  con- 
sidered the  same.  Your  committee,  after  mucli  deliberation,  have 
reached  a  conclusion  which  they  herewith  return  in  the  form 
of  an  Article  for  the  consideration  of  the  Convention.  Your 
committee  met  with  many  difficulties  in  determing  the  basis 
upon  which  to  base  representation,  but  finall  y  determined  to 
make  the  vote  cast  at  the  general  election  in  1884  as  the 
basis  of  its  action.  The  committee  have  reduced  the  numbers 
of  the  members  of  the  Senate  and  House  of  Representatives  to 
one  hundred  members.  Senators  thirty-two  and  Representa- 


425 


tives  sixty-eight.  While  many  may  be  desirous  of  having  a 
Legislative  body  of  a  less  number,  yei  when  it  is  considered 
that  the  State  is  growing  rapidly  the  number  is  not  too  large. 
The  Article  is  herewith  submitted.  The  resoluiions  and  other 
papers  before  t  he  committee  are  herewith  returned. 

Very  respectfully, 

J.  F.  McClellax, 
Chairman  of  Committee. 
Which  was  received,  and  placed  among  the  orders  of  the 
day. 

ARTICLE  XIII. 

CENSUS  AND  APPORTIONMENT. 

Section  L  The  apportionment  for  the  House  of  Represen- 
tatives shall  be  as  follows  :  Alachua  county  shall  have  three 
(3)  Representatives  ;  Baker,  one  (1)  ;  Bradford,  two  (2)  ;  Bre- 
vard, one  (1)  ;  Calhoun,  one  (1)  ;  Clay,  one  (1)  ;  Columbia,  two 
(2);  Dade,  one  (1)  ;  Duval,  three  (3)  ;  Escambia,  three  (3); 
Franklin,  one  (1);  Gadsden,  two  (2);  Hamilton,  two  (2)  ; 
Hernando,  two  (2)  ;  Hillsborough,  two  (2)  ;  Holmes,  one  (1)  ; 
Jackson,  two  (2)  ;  Jefferson,  two  (2)  ;  Lafayette,  one  (1)  ; 
Leon,  three  (3)  ;  Levy,  one  (1);  Liberty,  one  (1);  Madison, 
two  (2)  ;  Manatee,  one  (1)  ;  Marion,  three  (3)  ;  Monroe  two 
(2)  ;  Xassau,  two  (2)  ;  Orange,  three  (3)  ;  Polk,  one  (1)  ;  Put- 
nam, two  (2)  ;  St.  Johns,  two  (2)  ;  Santa  Rosa,  two  (2)  ;  Sum- 
ter, two  (■/}  ;  Suwanee,  two  (  2)  ;  Taylor,  one  (1 )  ;  Volusia, 
two  (2)  ;  Wakulla,  one  (1);  Walton,  "^one  (1);  Washington, 
one  (1). 

Sec.  2.  There  shall  be  thirty-two  Senatorial  Districts,  each 
entitled  to  one  Senator,  which  Districts  shall  be  designated  by 
their  respective  numbers,  from  one  to  thirty-two  inclusive,  as 
follows:  The  First  Senatorial  District  shall  be  composed  of 
Escambia  county,  the  Second  of  Santa  Rosa,  the  Third  of 
Jackson,  the  Fourth  of  Washington  and  Holmes,  the  Fifth  of 
Calkoun  and  Franklin,  the  Sixth  of  Gadsden,  the  Seventh  of 
Liberty  and  Wakulla,  the  Eighth  of  Leon,  the  Ninth  of 
Jefferson,  the  Tenth  of  Madison,  the  Eleventh  of  Hamilton, 
the  Twelfth  of  Taylor  and  Lafayette,  the  Thirteenth  of 
Alachua,  the  Fourteenth  of  Columbia,  the  Fifteenth  of  Brad- 
ford, the  Sixteenth  of  Xassau.  the  Seventeenth  of  Putnam, 
the  Eighteenth  of  Duval,  the  Xineteenth  of  Marion,  the 
Twentieth  of  Orange,  the  Twenty-first  of  Dade  and  Brevard, 
the  Twenty-second  of  Hernando,  the  Twenty-third  of  Sumter, 
the  twent\--fourth  of  Monroe,  the  Twent^'-fifth  of  Walton,  the 
TwcMty-sixth  of  Suwannee,  the  Twenty-seventh  of  Polk  and 
Manatee,  the  twenty-eighth  of   CJay  and  Baker,  the  Twenty- 


426 


ninth  of  Volusia,  the  Thirtieth  of  Hillsborough,  the  Thirty- 
first  of  St.  Johns  and  the  Thirty-second  of  Levy.  "  | 

Sec.  3.  The  I^egislature  of  the  State  of  Florida,  in  the  year  I 
of  our  Lord  one  thousand  eight  hundred  and  ninety,  and  every 
five  years  thereafter,  shall  cause  an  enumeration  to  be  made  [ 
of  all  the  inhabitants  of  the  State  of  Florida,  by  counties,  and 
shall  at  the  first  regular  session  after  the  year  one  thousand 
eight  hundred  and  ninety-five,  proceed  to  apportion  the  repre- 
sentation among  the  different  counties  of  the  State,  giving  to  I 
each  county  one  representative  at  large  and  one  additional  \ 
representative  to  every  ten  thousand  inhabitants  therein,  as 
shown  by  the  census  enumeration  as  made  last  next  before  said  j 
apportionment.    And   a  like  apportionment  shall   be  made 
every  ten  years  thereafter ;  but  no  county  shall  ever  be  entitled  I 
to  more  than  three  representatives. 

Seo.  4.  The  Legislature  shall  also  at  the  first  regular  session 
after  the  year  one  thousand  eight  hundred  and  ninety-five  pro-  ' 
ceed  to  apportion  and  fix  by  law  the  number  of  State  Sena- 
tors, which  shall  constitute  the  Senate  of  the  State  of  Florida, 
and  a  like  apportionment  shall  be  made  every  ten  years  there- 
after. That  the  apportionment  of  State  Senators  shall  never 
be  less  than  one-fourth  nor  more  than  one-third  of  the  whole  [ 
number  of  the  members  of  the  Legislature.  ' 

Sec.  5.  When  any  Senatorial  District  shall  be  composed  of  j 
two  or  more  counties  the  counties  of  which  such  district  con-  j 
sists  shall  not  be  entirely  separated  by  any  county  belonging  ^ 
to  another  district.    Any  new  county  which  may  be  created 
shall  be  entitled  to  one  Representative  in  the  House  of  Rep- 
resentatives until  the  next  apportionment  thereafter  and  be  ! 
assigned  to  one  of  the  adjoining  Senatorial  Districts  as  shall 
be  determined  by  the  Legislature.  J 

Sec.  6.  The  Senators  shall  be  chose*,  for  the  term  of  four  j 
years  at  the  same  time  and  place  as  members  of  the  House  of  I 
Representatives;  Provided^  That  the  Senators  elected  at  the  ! 
first  election  from  the  Senatorial  Districts  designated  by  even 
numbers  shall  vacate  their  seats  at  the  expiration  of  two  years, 
and  thereafter  all  Senators  shall  be  elected  for  the  term  of  four 
years,  so  that  one-half  of  the  whole  number  shall  be  elected 
biennially.  ij 

Also  the  following  additional  report :  i 

Convention  Hall,  Tallahassee,  Fla.,  July  23,  1885.  ; 

Hon.  Samuel  Pasco,  |^ 
President  of  the  Convention  :  I- 

Sir  :  Your  Committee  on  Census  and  Apportionment  to  jj: 
whom  was  referred — 


427 


An  Ordinance  of  Hon.  Mr.  Goss,  of  Marion,  on  the  subject 
of  the  division  of  the  State  of  Florida  into  two  States, 

Beg  leave  to  return  said  Ordinance  to  the  Convention,  and 
recommend  that  it  be  indefinitely  postponed. 

Very  respectfully, 

J.  F.  McClellan, 
Chairman  of  Committee. 

Which  was  read. 

Mr  Chandler  gave  notice  that  he  would  submit  a  minority 
report  on  to-morrow. 

Mr.  Love,  Chairman  of  the  Committee  on  Miscellaneous 
Provisions,  made  the  following  report  : 

CoNVEXTiON  Hall,  Tallahassee,  Fla.,  July  24,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Miscellaneous  Provisions  to 
whom  was  referred — 

A  section  in  relation  to  eminent  domain,  introduced  bv  Mr. 
Marshall,  of  Levy,  and  a  section  in  relation  to  the  right  of 
drainage  b}'  Mr.  Challen,  of  Duval,  respectfully  report  that 
they  have  considered  said  sections,  and  a  majority  of  your 
committee  recommend  them  to  the  favorable  consideration  of 
the  Convention. 

The  section  by  Mr.  Challen,  of  Duval,  in  relation  to  water 
supplies,  etc.,  is  herewith  returned  without  recommendation. 
Very  respectfuUv, 

E.  C.  Love, 
Chairman  of  Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Mr.  Broome,  Chairman  of  the  Committee  on  Expenditures, 
made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  23,  1885. 

Hon.  Samuel  Pasco, 

Pr efficient  of  the  Convention  : 

Sir  :  Tour  Committee  on  Expenditures,  to  whom  was 
referred — • 

Resolution  Xo.  1,  b\' Mr.  Conover,  of  Leon ;  Resolution 
Xo.  2,  by  Mr.  Blackburn,  of  Suwannee,  in  regard  to  pa}^  of 
the  members  and  attaches  of  the  Convention,  report  the  same 
back,  and  recommend  that  they  be  laid  on  the  table.  Also 
Resolution  Xo.  3,  b}^  Mr.  Marshall,  of  Levy,  we  report  back 


428 


to  the  Convention,  and  recommend  that  it  be  adopted  as 
amended  by  your  committee. 

Very  respectfully. 

John  D.  Broome,  Chairman. 
W.  H.  Cook, 
W.  F.  Greene, 
J.  P.  Morgan, 
Alex.  Zipperer, 

Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Be  it  ordained  by  tlip  people  of  Florida^  represented  in  Consti- 
tutional Convention  : 

Section  1.  Tlie  pay  of  the  members  of  the  present  Consti- 
tutional Convention  shall  be  a  per  diem  for  attendance  of  six 
($6.00)  dollars  per  dny  in  addition  to  mileage  of  ten  cents  per 
mile  each  way  fi-oin  their  places  of  residence  to  the  Capital 
and  return,  est  imated  by  the  shortest  thoroughfare. 

Sec.  2.  The  pay  of  the  Secretary  and  Assistant  Secretary  of 
the  Convention,  an  l  all  the  Clerks  elected  by  the  Convention, 
shall  be  six  ($6.<t0)  dollars  per  diem  each,  allowing  the  Secre- 
tary and  Assistant  Secretary  one  day  after  adjournment  to 
complete  unfinished  business  ;  nil  Committee  Clerks  shall  re- 
ceive five  ($5.00)  dollars  per  diem  for  the  number  of  days  cer- 
tified by  the  Chairman  of  the  Committee;  the  pay  of  the  Ser- 
geant-at-Arms  shall  be  six  ($6,00)  per  diem,  and  Assistant 
Sergeant-at-Arms  shall  be  five  ($5.00)  dollars  per  diem;  the 
pay  of  the  Messengers  of  the  Convention  shall  be  four  ($4.00) 
dollars  per  diem  each  ;  the  pay  of  the  Doorkeeper  shall  be  five 
($5.00)  dollars  per  diem  ;  the  pay  of  Pages  shall  be  three 
($3.00)  per  diem  each  ;  the  })ay  of  the  Janitor  shall  be  two 
($2  00)  dollars  per  diem  ;  the  pay  of  the  Chaplain  shall  be  one 
hundred  dollars  ;  the  Eiecording  Clerk  shall  be  entitled  to  pay 
for  two  days  after  adjournment  .o  bring  up  his  work  on  Jour- 
nals. The  Comptroller  is  required  to  issue  his  warrant  in 
favor  of  any  member,  officer  or  attache  of  the  Convention  for 
the  amount  due  him,  and  the  Treasurer  shall  pay  the  same  out 
of  any  moneys  in  the  Treasuiy  not  otherwise  appropriated. 

Mr.  Turnt.ull,  Chairman  of  the  Committee  on  Printing, 
offered  the  following  report  :  . 

Conventi  )N  Hall,  Tallahassee,  Fla.,  July  23,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 
Sir  :    Your  Committee  on  Printing  beg  leave  to  report  : 


429 


That  there  is  now  due  Dorr  &  Bowen  for  printing  the  sum 
of  S2,1T6  98.    We  recommejid  that  SI, 000. 00  be  paid  now. 

Your  committee  would  also  rec(^tniueiid  t  at  an  index  to  the 
proceedings  of  the  Couventioti  be  ()i  e[>ar' d  under  tlie  direc- 
tion of  the  President  and  Secretary  and  that  it  he  published 
with  the  proceedings;  that  the  final  printing  and  publication 
of  the  proceedings  )f  the  Convention  after  its  a'lj  )urnmt;nt  be 
under  the  supervisi.  m  of  the  President  and  Secretary,  vvith 
such  compensation  as  will  be  allo^ved. 

Very  respectful ly. 

S.  J.  TURXBULL, 

Chairman  Committee. 

Which  was  read  and  plac  d  am  ing  tue  or  ers  of  the  day. 

Additional  sections  14  and  15  to  Articl  •  IX,  on  Education, 
were  read  the  first  timt-^  and  pass>-d  to  a  second  reading  and 
placed  among  the  orders  of  the  da}-. 

The  consideration  of  Article  VIII,  on  Counties  and  Cities, 
was  resumed. 

Mr.  Walker,  Jr.,  called  up  his  motion  to  recvuisider  the  vote 
by  which  the  following  amendment  offered  by  Mr.  Hocker  on 
Wednesday  was  passed  : 

The  Legisl  iture  shall  }3rovi<le  for  the  division  of  each  county 
into  five  districts,  ami  one  CounL\-  Commissioner  shall  be  se- 
lected from  each  of  such  districts 

The  question  was  on  the  moMon  to  reconsider; 

Which  was  not  agreed  to,  and  the  Convention  refused  to  re- 
consider. 

Section  7  was  read. 

Mr.  Yonge  offered  to  amend  as  f  Hows  : 

When  any  municii)ality  >hall  be  abolished  provision  shall  be 
made  lor  the  protection  ot  its  creditors  : 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

The  question  w^as  upon  the  ado})iion  of  section  7  as 
amended. 

Mr.  Hicks  moved  to  strike  out  the  entire  section  as 
amended. 

Mr.  Yonge  moved  to  lay  the  motion  to  strike  out  i  ii  the 
table ; 

Wnich  was  agreed  to. 

Mr.  Thompson  i^'ffered  to  auK-nd  as  f  -llows  : 

Provided,  No  m  unic-i[)ality  shall  he  abolished  without  the 
written  consent  of  the  majority  of  the  taxpa3-ers  of  the  mu- 
nicipality so  abolished.  prevt<'U-ly  declared  by  an  electicm  held 
for  that  purpose. 


480 


Mr.  Yonge  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table. 

Mr.  Walker,  Jr.,  moved  to  amend  as  follows : 

Insert  the  word  "  not "  between  the  words  "  shall  "  and 
"have  "  in  the  first  line. 

Mr.  Yonge  moved  to  lay  the  ameiidment  on  the  table ; 

Which  was  agreed  to  and  the  amendment  was  laid  on  the 
table. 

Mr.  Miller  offered  to  amend  as  follows  : 

But  all  such  laws  shall  be  general  in  their  nature  and  ap- 
plicable to  all  municipalities  within  the  State. 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to  and  the  amendment  was  laid  on  the 
table. 

Mr.  Yonge  moved  that  the  section  as  amended  be  adopted, 
and  moved  the  previous  question. 
The  previous  question  was  ordered. 
Section  7  was  then  passed  as  amended. 
Mr.  Baker  offered  the  following  additional  section  : 

The  Governor  shall  not  appoint  to  the  office  of  County  Com- 
missioner any  person  w  lO  has  been  recommended  by  any  part}^ 
caucus  or  committee,  and  at  all  side-show  elections  all  quali- 
fied electors  shall  be  allowed  to  vote,  and  the  persons  receiving 
the  highest  number  of  votes  shall  be  appointed  by  the  Gov- 
ernor. 

Mr.  Randolph  moved  to  lay  the  additional  section  on  the 
table ; 

Which  was  agreed  to,  and  the  additional  section  was  tabled. 
Mr.  Yonge  moved  to  reconsider  the  vote  by  which  section  6, 
Article  VIII,  was  passed  ; 
Which  was  agreed  to. 

Mr.  Yonge  oflferetl  to  amend  the  section  as  follows  : 

Insert  after  the  word  counties,"  in  2d  line,  section  6,  the 
following,  "  when  it  is  deemed  necessary  for  assessment  pur- 
poses 

Which  was  agreed  to,  and  the  amendment  was  adopted. 

Mr.  Randall,  of  Duval,  moved  to  strike  out  so  much  of  the 
section  as  required  county  officers  to  be  commissioned. 

Mr.  Yonge  moved  to  lay  the  motion  to  strike  out  on  the 
table ; 

Which  was  agreed  to. 

Section  6  was  then  adopted  as  amended. 


431 


Mr.  Weeks  moved  to  reconsider  the  vote  by  which  sec.tion 
5,  Article  YIII,  was  passed  ; 
Which  was  ao-reed  to. 

Mr.  Weeks  offered  the  following  amendment  to  section  5  : 

After  "  3^ears,"  in  1th  line,  insert  "  except  a  County  As-.ossor 
of  Taxes,  a  County  Tax  Collector  and  a  County  Treayui  er 
shall  be  elected  for  two  years." 

The  question  was  on  the  adoption  of  the  amendment ; 
Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr  Blackburn  offered  to  amend  as  follows  : 

Amend  by  adding  "Superintendent  of  Public  Instruction." 

Mr.  Yonge  mossed  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  :)n  the 
table. 

Mr.  Sanchez  offered  to  amend  as  follows  : 

On  6th  line  after  "  surveyor,"  strike  out  to  their,"  on  Tth 
line,  and  insert  *'  the  term  of  office  of  Clerk  of  the  Court  tt\;d 
Sheriff  shall  be  two  years." 

M  - .  Yonge  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Yonge  moved  that  section  5,  Article  YIII,  as  amended, 
be  adopted  ; 

Which  was  agreed  to,  and  the  section  was  passed  as 
amended. 

Messrs.  Humphries  and  Henderson  were  excused  on  account 
of  sickness. 

Mr.  Taylor  was  excused  until  Monday. 

Mr.  Goodbread  was  indefinitely  excused. 

The  additional  section  offered  by  Mr.  G-reeley  this  morning 
and  referred  to  the  Committee  on  County,  Township  and  City 
Organization  by  request  was  withdrawn  from  the  committee 
and  considered. 

The  question  was  upon  the  adoption  of  the  additional  sec- 
tion. 

Mr.  Yonge  moved  to  lay  the  additional  section  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Blount,  Campbell,  Carter,  Clarke  of  Jeffer- 
son, Clark  of  Jackson,  Coker,  Davidson,  Davis,  Edge,  Fo- 
garty,  Gr^en,  Hatch,  Hausman,  Hendley,  Herndon,  Hicks, 
Jones,  Love,  Lutterloh,  Malone,  Marshall,  Milton,  Morgan, 
McClellan,  Neel,Odom,  Oliveros,  Orman,  Parker,  Parsons,  Pat- 
erson,  Randell  of  Madison,  Randolph,  Robertson,  Scott,  Speer, 


432 


Stone,  Swearingen,  Tedder,  Tolbert,  Wadsworth,  Weeks, 
Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wjlly  and  Yonge— 48. 

Nays — Mr.  President,  Messrs.  Baker,  Bennett,  Blackburn, 
Broome.  Bush,  Carr,  Carson,  Challen,  Chandler,  Cook,  Dun- 
can, Earle,  Fowler,  Genovar,  Gibbs,  Gillis,  Goss,  Greeley^ 
Hargret,  Hunter,  Ives,  Johnston,  Land  rum,  Lesley,  Lewis, 
Mann,  Miller,  Mitchell,  McKinnon,  Pelot,  Petty,  Randall 
of  Duval,  Rogers,  Rowe,  Sanchez,  Sheats,  Thompson,  Tomp- 
kins, Walker,  Jr.,  Westcott  and  Zipperer — 42 

So  the  motion  to  lay  on  the  table  waj  agreed  to. 

Mr.  Yonge  moved  that  Article  YIII,  on  Counties  and  Cities, 
as  amended,  be  passed,  spread  upon  the  Journal  and  ordered 
engrossed  for  a  third  reading; 

Which  was  agreed  to  and  it  was  so  ordered. 

ARTICLE  YIII. 

COUNTIES    AND  CITIES. 

Section  1.  The  State  shall  be  divided  into  political  divisions 
to  be  called  counties. 

Sec  2.  The  several  counties  of  the  State  as  they  now  exist 
are  hereby  recognized  as  the  legal  political  divisions  of  the 
State. 

Sec.  3.  The  Legislature  shall  have  power  to  establish  new 
counties,  and  change  county  lines.  Every  newly  established 
county  shall  be  held  liable  for  its  proportion  of  the  then  ex- 
isting liabilities  of  the  county  or  counties  from  which  it  shall 
be  formed,  rated  upon  the  basis  of  the  assessed  value  of  the 
property,  both*  real  and  personal,  subject  to  taxation  within 
the  territory  taken  from  county  or  counties,  and  every  county 
acquiring  additional  territory  from  another  county  shall  be 
held  liable  for  its  proportion  of  the  liabilities  of  such  other 
county  existing  at  the  time  of  such  acquisition,  to  be  rated 
upon  the  basis  of  the  assessed  value  of  all  property  subject  to 
taxation  within  such  acquired  territory. 

Sec.  4.  The  Legislature  shall  have  no  power  to  remove  the 
County  Seat  of  any  count}^,  but  shall  provide  by  general  law 
for  such  removal  ;  Provided^  That  in  the  formation  of  new  coun- 
ties the  County  Seat  may  be  temporarily  established  by  law. 

Sec  5.  There  shall  be  appointed  by  the  Governor,  by  and 
with  the  consent  of  the  Senate,  in  and  for  each  county,  fivo 
County  Commissioners.  Their  terms  of  office  shall  be  two 
years,  and  their  powers,  duties  and  compensation  shall  be  pre- 
scribed by  law.    The  Legislature  shall  provide  for  the  division 


433 


of  each  county  into  five  districts,  and  one  County  Commis- 
sioner shall  be  selected  from  each  of  such  districts. 

Sec.  6.  The  Legislature  shall  provide  for  the  election  by  the 
qualified  electors  in  each  county  of  the  following  county  offi- 
cers:  One  Clerk  of  the  Circuit  Court,  one  Sheriff,  such  Con- 
stables as  are  provided  in  this  Con>titution,  a  County  Asses- 
sor of  Taxes,  a  Tax  Collector,  a  County  Treasurer,  a  Superin- 
tendent of  Public  Instruction,  and  a  County  Surveyor.  The 
term  of  office  of  all  county  officers  mentioned  in  this  section 
shall  be  four  years,  except  a  County  Assessor  of  Taxes,  a 
County  Tax  Collector  and  a  County  Treasurer  shall  be  elected 
for  two  years,  their  powers,  duties  and  compensation  shall  be 
prescribed  by  law. 

Sec.  1.  The  Legislature  shall  by  law  authorize  the  County 
Commissioners  of  the  several  counties,  where  it  is  deemed  nec- 
essary for  assessment  purposes,  to  divide  their  respective 
counties  into  taxation  districts,  and  to  appoint  in  and  for  each 
district  an  Assistant  Assessor  of  Taxes,  whose  powers,  duties 
and  compensation  shall  be  prescribed  by  law.  All  county 
officers,  except  Assistant  Tax  Assessors  of  Taxes,  shall,  before 
entering  upon  the  duties  of  their  respective  offices,  be  com- 
missioned by  the  Governor ;  but  no  such  commission  shall 
issue  to  an}^  such  officer  until  he  shall  have  filed  with  the  Sec- 
retary of  State  a  good  and  sufficient  bond  in  such  sum  and 
upon  such  conditions  as  the  Legis^auire  shall  bylaw  prescribe, 
approved  by  the  County  Commissioners  of  the  county  in  which 
such  officer  resides,  and  by  the  Comptroller.  No  county  officer 
shall  become  security  upon  the  official  bond  of  any  other  coun- 
ty officer.  If  any  person  elected  to  any  county  office  shall  fail 
to  give  bond  and  qualify  within  sixt}' days  after  his  said  elec- 
tion, the  said  office  shall  become  vacant. 

Sec.  8.  The  Legislature  shall  have  power  to  establish  and  to 
abolish  municipalities,  to  provide  for  their  government,  to  pre- 
sc.ube  their  jurisdiction  and  powers  and  to  alter  or  amend  the 
same  at  an}^  time.  When  any  municipality  shall  be  abolished, 
provision  sliall  be  made  for  the  protection  of  its  creditors. 

Article  XYII,  on  Constitutional  Amendments,  came  up  for 
consideration  on  its  second  reading. 

^^ection  1  was  read. 

Mr.  Yonge  moved  to  amend  by  striking  out  the  word 
"  time,"  in  line  6,  and  inserting  in  lieu  thereof  the  word  elec- 
tion ;" 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Sanchez  moved  to  amend  as  follows  : 
28 


434 


Strike  out  "  two -thirds,"  in  second  line,  and  insert  "  major- 
ity." 

Mr.  Gillis  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blouat,  Broome,  Camp- 
bell,  Clarke  of  Jeflferson,  Clark  of  Jackson,  Coker,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Grenovar, 
Gillis,  Green,  Hausman,  Heudley,  Herndon,  Hocker,  Hope, 
Jones,  Love,  Lutterloh,  Malone,  Marshall,  Milton,  Morgan, 
McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker, 
Parkhill,  Paterson,  Pelot,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Scott,  Sheats,  Speer,  Stone,  Swearingen, 
Tedder,  Wadsworth,  Weeks,  Wellman,  Wilson  of  Clay  and 
Yonge — 54. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Black- 
burn, Bush,  Carter,  Carr,  Carson,  Challen,  Chandler,  Gibbe, 
Goss,  Greeley,  Hargret,  Hatch,  Hicks,  Hunter,  Ives,  John- 
ston, Lesley,  Lewis,  Mann,  Miller,  Mitchell,  Petty,  Ranaall 
of  Duval,  Rogers,  Sanchez,  Thompson,  Tolbert,  Tompkins, 
Walker,  Jr.,  Walter,  Westcott,  Wilson  of  Polk  and  Manatee, 
Wylly  and  Zipperer — 36. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

On  motion  of  Mr.  McClellan,  the  Convention  took  a  recess 
until  4  o'clock  P.  M.  to-day. 


FOUR  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bnsh,  Campbell, 
Carter,  Carson,  Challen,  Chandler,  Clarke  of  Jetferson,  Clark 
of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goss, 
Greeley,  Green,  Hargret,  Hatch,  Hausman,  Hendley,  Hender- 
son, Herndon,  Hicks,  Hocker,  Hope,  Hunter,  Ives,  Johnston, 
Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 
Mann,  Marshall,  Maxwell,  Miller,  Milton,  Morgan,  McClellan, 
McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Par- 


435 


sons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madi- 
son, Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Tedder,  Thompson, 
Tolbert,  Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Walter, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylh^,  Yonge  and  Zipperer — 100. 
A  quorum  present. 

Mr,  Baker,  of  the  Committee  on  Census  and  Apportion- 
ment, offered  the  following  minority  report : 

CoNYENTiox  Hall,  Tallahassee,  Fla.,  July  23,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Coiwention  : 

Sir  :  A  minority  of  your  Committee  on  Census  and  Appor- 
tionment, to  whom  was  referred — 

An  ordinance  introduced  by  Mr.  Gross,  of  Marion,  propos- 
ing a  division  of  the  State  at  the  Suwannee  river,  respectfully 
recommend  that  it  do  pass,  with  the  following  amendment  : 
Strike  out  the  words  "  including  Monroe  county." 
Yery  respectfully, 

H.  C.  Baker, 
A.  S.  Wellman, 
Jno.  T.  Lesley, 
H.  W.  Chandler, 

Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Mr.  Sanchez,  Chairman  of  the  Committee  on  Judiciary  De- 
partment, made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  24,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Judicial  Department,  to  whom 
was  referred — 

Section  offered  by  Mr.  Taylor,  of  Alachua,  beg  to  re- 
port that  the}'  have  considered  the  same,  and  incorporated  it 
into  new  Article  XI,  which  they  herewith  report  in  lieu  of 
snch  portions  in  the  Article  heretofore  reported  as  have  not 
been  adopted  b}^  the  Convention,  and  recommend  that  said  Ar- 
ticle be  adopted. 

Yery  respectfully, 

E.  C.  F.  Sanchez, 

Chairman  Committee. 


436 


Which  was  received  and  placed  among  the  orders  of  the 
day. 

ARTICLE  XI. 

JUDICIARY  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested 
in  a  Supreme  Court,  Circuit  Courts,  Criminal  Courts,  County 
Courts  and  Justices  of  the  Peace. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief  Justice 
and  two  Associate  Justices,  who  shall  be  elected  by  the  quali- 
fied electors  of  the  State  at  the  time  and  places  of  voting  for 
members  of  the  Legislature,  and  shall  hold  their  office  for  the 
term  of  six  years,  except  those  first  elected,  one  of  whom,  to  be 
designated  by  lot  in  such  manner  as  they  may  determine,  shall 
hold  his  office  for  two  3^ears,  another  to  be  designated  in  like 
manner  for  four  years,  and  the  third  for  six  years,  so  that  one 
shall  be  elected  ever}^  two  years  after  the  first  election.  The 
Chief  Justice  shall  be  designated  by  lot,  and  shall  be  such  dur- 
ing his  term  of  office.  The  first  election  for  said  Judges  shall 
take  place  at  the  first  election  for  members  of  the  Legisla- 
ture after  the  ratification  of  this  Constitution. 

Sec.  3.  No  person  shall  ever  be  appointed  as  a  Judge  of  the 
Supreme  Court,  Circuit  Courts,  or  Criminal  Courts,  who  is 
not  twenty-five  years  of  age  and  an  attorney  at  law. 

Sec.  4.  The  majority  of  the  Justices  of  the  Supreme  Court 
shall  constitute  a  quorum  for  the  transaction  of  all  business. 
The  concurrence  of  two  Justices  shall  be  necessary  to  a  decision. 
The  number  of  terms  of  the  Supreme  Court  and  the  time  of 
holding  the  same  shall  be  regulated  by  law.  All  terms  shall 
be  held  at  the  Capital  of  the  State. 

Sec.  5.  The  Supreme  Court  shall  have  appellate  jurisdiction 
in  all  cases  at  law,  and  in  equity  originating  in  Circuit 
Courts,  and  of  appeal  from  the  Circuit  Courts  in  cases  aris- 
ing before  Judges  of  the  County  Courts  in  matters  pertain- 
ing to  their  probate  jurisdiction  and  in  the  management  of  the 
estates  of  infants,  and  in  cases  of  conviction  of  felony  in 
the  criminal  courts,  and  in  all  criminal  cases  originating  in 
the  Circuit  Courts.  The  Court  shall  have  power  to  issue 
writs  of  mandamus,  certiorari,  prohibition,  quo-warranto, 
habeas  corpus,  and  also  all  writs  necessary  or  proper  to 
the  complete  exercise  of  its  jurisdiction.  Each  of  the 
Justices  shall  have  power  to  issue  writs  of  habeas  corpus 
to  any  part  of  the  State  upon  petition  by  or  on  behalf  of  any 
person  held  in  actual  custody,  and  may  make  such  writs  return- 
able before  himself,  or  the  Supreme  Court,  or  any  Justice 
thereof,  or  before  any  Circuit  Judge. 


Sec.  6.  The  Legislature  shall  have  power  to  prescribe  regu- 
lations for  calling  into  the  Supreme  Court  a  Judge  of  the 
Circuit  Court  to  hear  and  determine  an}"  matters  pending  be- 
fore the  Court  in  the  place  of  any  Justice  thereof  who  shall 
be  disqualified  or  disabled  in  such  case  from  interest  or  other 
cause. 

Sec.  t.  The  Supreme  Court  shall  appoint  a  Clerk,  who 
shall  have  his  office  at  the  Capital,  and  shall  be  Librarian  of 
the  Supreme  Court  Library. 

Sec.  8.  There  shall  be  seven  Circuit  Judges,  who  shall  be  ap- 
pointed by  the  Governor  and  confirmed  by  the  Senate,  and  who 
shall  hold  their  office  for  six  years.  The  State  shall  be  divided 
into  seven  Judicial  Circuits,  and  one  Judge  shall  be  assigned 
to  each  Circuit.  Such  Judge  shall  hold  at  least  two  terms  of 
his  court  in  each  county  within  his  Circuit  each  year,  at  such 
times  and  places  as  shall  be  provided  b}'  law,  and  may  hold 
special  terms.  The  Governor  may,  in  his  discretion,  order  a 
temporary  exchange  of  Circuits  by  the  respective  Judges,  or 
order  any  Judge  to  hold  one  or  more  terms  or  parts  of  terms 
in  any  other  Circuit  than  that  to  which  he  is  assigned.  The 
Judge  shall  reside  in  the  Circuit  of  which  he  is  Judge.  Sue- 
cessors  to  the  present  incumbents  shall  be  appointed  and  con- 
firmed at  the  first  session  of  the  Legislature  after  the  ratifica- 
tion of  this  Constitution. 

Sec  9.  Until  otherwise  defined  by  the  Legislature  the 
several  Judicial  Circuits  of  the  Circuit  Courts  shall  be  as  fol- 
lows : 

The  First  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Escambia,  Santa  Rosa,  Walton,  Holmes,  Washington  and 
Jackson. 

The  Second  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Gadsden,  Liberty,  Calhoun,  Franklin,  Leon,  Wakulla 
and  Jefferson. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Madison,  Taylor,  Lafayette,  Hamilton,  Suwannee  and  Co- 
lumbia. 

The  Fourth  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Xassau,  Duval,  Baker,  Bradford,  Clay  and  St.  Johns. 

The  Fifth  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Putnam,  Alachua,  Lev}",  Marion  and  Sumter. 

The  Sixth  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Hernando,  Hillsborough,  Manatee,  Polk  and  Monroe. 

The  Seventh  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Volusia,  Brevard,  Orange  and  Dade. 

Sec.  10.  The  Circuit  Courts  shall  have  exclusive  jurisdic- 
tion in  all  cases  in  equit}",  also  in  all  cases  at  law,  not  cogni- 


438 


zable  by  inferior  courts,  and  in  all  cases  involving  the  legality 
of  any  tax,  assessment  or  toll ;  of  the  action  of  ejectment  and 
of  all  actions  involving  the  titles  or  boundaries  of  real  estate 
and  of  all  criminal  cases  not  cognizable  by  inferior  courts  ;  and 
original  jurisdiction  of  actions  of  forcible  entry  and  unlawful 
detainer,  and  of  such  other  matters  as  the  Legislature  may  pro- 
vide. They  shall  have  final  appellate  jurisdiction  in  all  civil 
and  criminal  cases  arising  in  the  County  Court,  or  before  the 
County  Judge,  of  all  misdemeanors  tried  in  Criminal  Courts^ 
of  judgments  or  sentences  of  any  Mayor's  Court,  and  of  all 
cases  arising  before  Justices  of  the  Peace  in  counties  in  which 
there  is  no  County  Court,  and  supervision  and  appellate  jurisdic- 
tion of  matters  arising  before  County  Judges  pertaining  to  their 
probate  jurisdiction  or  to  the  estates  and  interests  of  minors, 
and  of  such  other  matters  as  the  Legislature  may  provide.  The 
Circuit  Courts  and  Judges  shall  have  power  to  issue  writs  of 
mandamus,  injunction,  quo  warranto,  certiorari,  prohibition, 
habeas  corpus  and  all  writs  proper  and  necessary  to  the  com- 
plete exercise  of  their  jurisdiction. 

Sec.  1L  The  Circuit  Courts  and  Circuit  Judges  may  have 
such  extra  territorial  jurisdiction  in  chancery  cases  as  may  be 
provided  by  law. 

Sec.  12.  It  shall  be  the  duty  of  the  Judges  of  the  Circuit 
Courts  to  report  to  the  Attorney-General  at  least  thirty  days 
before  each  session  of  the  Legislature  such  defects  in  the  laws 
as  may  have  been  brought  to  their  attention  and  to  suggest 
such  amendments  or  additional  legislation  as  may  be  deemed 
necessary.  The  Attorne3^-General  shall  report  to  the  Legisla- 
ture at  each  session  such  legislation  as  he  may  deem  ad- 
visable. 

Sec.  13.  A  Circuit  Judge  may  appoint  in  each  county  in  his 
Circuit  one  or  more  attorneys  at  law,  who  shall  be  known  as 
Court  Commissioners,  who  shall  have  power  in  the  absence  of 
the  Circuit  Judge,  to  allow  writs  of  injunction  and  to  issue 
writs  of  habeas  corpus,  returnable  before  himself  or  the  Circuit 
Judge.  Their  orders  in  such  matters  may  be  reviewed  by  the 
Circuit  Judge,  and  confirmed,  qualified  or  vacated.  They  may 
be  removed  by  the  Circuit  Judge.  The  Legislature  may  confer 
upon  them  further  powers,  not  judicial,  and  shall  fix  their  com- 
pensation. 

Sec.  14.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  a  State  Attorney  in  each  Judicial 
Circuit,  whose  duties  shall  be  prescribed  by  law.  He  shall  hold 
office  for  four  3^ears.  There  shall  be  elected  in  each  county  a 
Sheriff,  and  a  Clerk  of  the  Circuit  Court,  who  shall  slso  be 
Clerk  of  the  County  Court,  except  in  counties  where  there  are 


*439 

Criminal  Courts,  and  of  the  Board  of  County  Commis- 
sioners, Recorder  and  ex-officio  Auditor  of  the  County, 
each  of  whom  shall  hold  his  oflSce  for  four  years.  Their  duties 
shall  be  prescribed  by  law. 

Sec.  15  There  shall  be  in  each  county  a  County  Judge  who 
shall  be  elected  by  the  qualified  electors  of  said  county  at  the 
time  and  places  of  voting  for  members  of  the  Legislature  and 
shall  hold  his  office  for  four  years.  ITis  compensation  shall  be 
provided  by  law. 

Sec.  16.  The  County  Judge  shall  have  original  jurisdiction 
in  all  cases  at  law  in  which  the  demand  or  value  of  property 
involved  shall  not  exceed  one  hundred  dollars ;  of  proceed- 
ings relating  to  the  forcible  entry  or  unlawful  deteniion  of 
lands  and  tenements,  and  of  such  criminal  cases  as  the  Legisla- 
ture may  provide.  The  Judges  of  the  County  Courts  shall  have 
jurisdiction  of  the  settlement  of  the  estates  of  decedents  and 
minors,  to  order  the  sale  of  real  estate  of  minors,  to  take  pro- 
bate of  wills,  to  grant  letters  testamentary  and  of  administra- 
tion and  guardianship,  and  to  discharge  the  duties  usually  per- 
taining to  courts  of  probata-.  He  shall  have  the  power  of  a 
committing  magistrate,  and  shall  issue  all  licenses  required  by 
law  to  be  issued  in  the  county. 

Sec.  17.  The  Legislature  may  organize  in  such  counties  as  it 
may  think  proper,  County  Courts  which  shall  have  jurisdiction 
of  all  cases  at  law  in  which  the  demand  or  valiie  of  the  prop- 
erty involved  shall  not  exceed  five  hundred  dollars  ;  of  pro- 
ceedings relating  to  the  forcible  entry  or  unlawful  detention  of 
lands  and  tenements,  and  of  misdemeanors,  and  final  appellate 
jurisdiction  in  civil  cases  arising  in  the  Courts  of  Justices  of 
the  Peace.  The  trial  of  such  appeals  may  be  de  novo  at 
the  option  of  appellant.  The  County  Judge  shall  be  the 
Judge  of  said  Court.  There  shall  be  elected  by  the  qualified 
electors  of  said  county  at  the  time  when  the  said  Judge  is 
elected  a  Prosecuting  Attorney  for  said  county  who  shall  hold 
office  for  four  years.  His  duties  and  compensation  shall  be 
provided  by  law.  Such  Courts  may  be  abolished  at  the  pleas- 
ure of  the  Legislature. 

Sec.  18.  When  any  civil  case  at  law  in  which  the  Judge  is 
disqualified  shall  be  called  for  trial  in  a  Circuit  or  County 
Court  the  parties  may  agree  upon  or,  in  case  they  do  not  agree, 
the  Clerk  of  the  Court  shall  designate  an  attorney  at  law  who 
shall  be  Judge  ad  litem  and  shall  preside  over  the  trial  of  and 
make  orders  in  said  cause  as  if  he  was  Judge  of  the  Court.  The 
parties  may,  however,  transfer  the  cause  to  another  Circuit 
Court  or  County  Court,  as  the  case  may  be,  or  may  have  the 
case  referred  to  a  referee. 


440  * 

Sec.  19.  The  County  Commissioners  of  each  county  shall 
divide  it  into  as  many  Justice  Districts,  not  less  than  two,  as 
they  may  deem  necessary.  The  Governor  shall  commission, 
upon  the  recommendation  of  the  grand  jury  of  the  county,  one 
Just  .ce  of  the  Peace  for  each  of  said  districts.  He  shall  hold 
his  office  for  four  years. 

Sec.  20.  Every  Justice  of  the  Peace  shall  have  jurisdiction 
in  cases  at  law  in  which  the  demand  or  value  of  the  property 
involved  does  not  exceed  fifty  dollars  and  in  which  the  cause 
of  action  accrued,  or  the  defendant  resides,  in  his  district.  He 
shall  have  power  to  issue  process  for  the  arrest  of  persons 
charged  with  crime,  and  to  make  the  same  returnable  before 
himself  or  the  County  Judge  for  examination  and  discharge, 
commitment  or  bail  of  the  accused.  He  shall  have  power  to 
hold  inquests  of  the  dead. 

Sec.  21.  There  shall  be  established  in  each  of  the  counties 
of  Duval  and  Escambia,  and  in  such  other  counties  as  the  Leg- 
islature may  deem  expedient,  a  Criminal  Court  of  Record,  and 
there  shall  be  one  Judge  for  each  of  said  courts,  who  shall  hold 
his  office  for  tour  years  and  whose  salary  shall  be  one  thousand 
dollars  per  year. 

Sec.  22.  The  said  courts  shall  have  jurisdiction  of  all  crimi- 
nal cases  not  capital  which  shall  arise  in  said  counties  respect- 
ively. 

Sec.  23.  There  shall  be  six  terms  of  said  courts  in  each 
year. 

Sec.  24.  There  shall  be  for  each  of  said  courts  a  prosecuting 
Attorney  who  shall  be  appointed  by  the  Grovernor  and  con- 
firmed by  the  Senate  and  who  shall  hold  his  office  for  four 
years.    His  compensation  shall  be  fixed  by  law. 

Sec.  25.  All  offences  triable  in  said  Court  shall  be  prose- 
cuted upon  information  under  oath  to  be  filed  by  the  prose- 
cuting attorney,  but  the  grand  jury  of  the  Circuit  Court  for 
the  county  in  which  said  Criminal  Court  is  held  may  indict 
for  offenses  triable  in  the  Criminal  Court.  Upon  the  finding 
of  such  indictment  the  Circuit  Judge  shall  commit  or  bail  the 
accused  for  trial  in  the  Criminal  Court,  which  trial  shall  be 
upon  information. 

Sec.  26.  The  County  Courts  in  said  counties  shall  have  no 
criminal  jurisdiction  and  no  prosecuting  Attorney. 

Sec.  27.  The  Clerk  of  said  Court  shall  be  elected  by  the 
electors  of  the  county  in  which  the  Court  is  held  and  shall  hold 
his  office  for  four  years  and  his  compensation  shall  be  fixed  by 
law.  He  shall  also  be  Clerk  of  the  County  Court.  The  Sheriff 
of  the  Count}^  shall  be  the  executive  officer  of  said  Court  and 
his  duties  and  fees  shall  be  fixed  by  law. 


441 


Sec.  28.  The  State  Attorney  residing  in  the  county  where 
such  Court  is  held  shall  be  eligible  for  appointment  as  County 
Solicitor  for  said  county. 

Sec.  29.  Such  courts  may  be  abolished  by  the  Legislature 
after  five  (5)  years  from  their  organization. 

Sec.  30.  When  the  office  of  any  Judge  shall  become  vacant 
from  any  cause  the  successor  to  fill  such  vacancy  shall  be  ap- 
pointed or  elected  only  for  the  unexpired  term  of  the  Judge 
whose  death,  resignation,  retirement  or  other  cause  created 
such  vacancy. 

Sec.  31.  No  courts  other  than  those  herein  specified  shall  be 
organized  in  this  State. 

Sec  32.  All  judicial  officers  in  this  State  shall  be  conserva- 
tors of  the  peace. 

Sec.  33.  The  style  of  all  process  shall  be  "  The  State  of 
Florida,"  and  all  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authority  of  the  State. 

Sec.  34.  When  any  Judge  of  the  Supreme  or  Circuit  Courts 
of  this  State  now  in  office,  or  hereatter  to  be  elected  or  ap- 
pointed, shall  become  disabled,  at  any  time  during  his  term  of 
office,  from  sickness,  mental  disorder,  or  advanced  age,  to  dis- 
charge the  duties  of  his  office,  the  Governor  ma}^,  by  and  with 
the  consent  of  the  Senate,  retire  such  Judge  ;  and  such  retired 
Judge  shall,  from  the  date  of  his  retirement,  and  for  the  resi- 
due of  his  unexpired  term  of  office,  receive  annually  a  salary 
to  the  extent  of  one-half  the  annual  salary  to  which  he  would 
have  been  entitled  by  law  had  he  continued  in  office.  An}^ 
Judge  thus  retired  shall  be  disqualified  from  the  date  of  his  re- 
tirement from  discharging  or  performing  any  of  the  powers  or 
duties  of  his  office. 

The  consideration  of  Article  XYII  was  resumed. 

Section  1  was  read  as  amended. 

Mr.  Bethel  moved  that  the  section  be  adopted  as  amended  ; 
Which  was  agreed  to  and  the  section  was  declared  adopted. 
Section  2  was  read. 

Mr.  Chandler  moved  to  amend  by  striking  out  the  last  sen- 
tence ; 

Which  was  not  agreed  to. 

Mr.  Challen  moved  to  amend  as  follows  : 

Strike  out  the  last  sentence  and  insert  "  The  Convention 
shall  consist  of  two  delegates  for  each  Senatorial  District  in 
the  State  ; 

Which  was  not  ageed  to. 

Mr.  Baker  moved  to  amend  as  follows : 

Strike  out  all  inline  10  and  insert  shall  .consist  of  not 
more  than  80  members,  which  shall  be  apportioned  to  the 


442 


counties  according  to  their  population,  but  every  county  shall 
have  at  least  one." 

Mr.  Rogers  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Chandler  offered  the  following  amendment : 

Section  2.  Strike  out  the  last  sentence  and  insert  as  fol- 
lows :  The  Convention  shall  consist  of  a  number  equal  to  the 
membership  of  the  House  of  Representatives,  and  shall  be 
apportioned  among  the  several  counties  in  the  same  manner  as 
members  of  said  House  of  Representatives." 

Mr.  Bethel  moved  the  adoption  of  the  amendment  and  moved 
the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  then  upon  the  adoption  of  the  Article,  and 
it  was  declared  passed  as  amended,  ordered  spread  upon  the 
Journal  and  engrossed  for  a  third  reading. 

ARTICLE  XYII. 

Section  1.  Either  branch  of  the  Legislature,  at  a  regular 
session  thereof,  may  propose  amendments  to  this  Constitution  ; 
and  if  the  same  be  agreed  to  by  two-thirds  of  all  the  members 
elected  to  each  House,  such  proposed  amendments  shall  be 
entered  upon  their  respective  Journals  with  the  yeas  and  nays, 
and  published  in  one  newspaper  in  each  county  where  a  news- 
paper is  published,  for  three  months  immediately  preceding 
the  next  general  election  of  Representatives,  at  which  election 
the  same  shall  be  submitted  to  the  electors  of  the  State,  for 
approval  or  rejection.  If  a  majority  of  the  electors  voting  at 
such  election  shall  adopt  such  amendments,  the  same  shall  be- 
come a  part  of  the  Constitution.  Such  proposed  amendments 
shall  be  so  submitted  as  to  enable  the  electors  to  vote  on  each 
amendment  separately. 

Sec.  2.  If  at  any  time  the  Legislature,  by  a  vote  of  two- 
thirds  of  all  the  members  of  both  Houses,  shall  determine  that 
a  revision  of  this  Constitution  is  necessary,  such  determina- 
tion shall  be  entered  upon  their  respective  Journals,  with  the 
yeas  and  nays  thereon.  Notice  of  said  action  shall  be  pub- 
lished weekly  in  one  newspaper  in  every  county  in  which  a 
newspaper  is  published,  for  three  months  preceding  the  next 
general  election  of  Representatives.  The  electors  at  said  elec- 
tion may  vote  for  or  against  the  revision  in  question.  If  a 
majority  of  the  electors  so  voting  be  in  favor  of  revision,  the 
Legislature  chosen  at  the  said  election  shall  provide  by  law 
for  a  Convention  to  revise  the  Constitution,  said  Convention 
to  be  held  within  six  months  after  the  passage  of  such  law. 


443 


The  Convention  shall  consist  of  a  number  equal  to  the  mem- 
bership of  the  House  of  Representatives  and  shall  be  appor- 
tioned among  the  several  counties  in  the  same  manner  as  mem- 
bers of  said  House  of  Representatives 

Article  YI,  on  Homestead  Exemption,  came  up  for  consid- 
eration on  its  second  reading. 

Section  1  was  read  and  passed  without  amendment. 
Section  2  was  read. 

Mr.  Maxwell  moved  to  amend  as  follows  : 

Strike  from  line  2  the  word  heirs,"  and  insert  "  direct  de- 
scendants," and  inserting  after  the  word  "exemption  "  in  line 
3  the  words  and  family  of  which  he  was  head  at  time  of 
death." 

Mr.  Walker,  Jr.,  moved  to  amend  the  amendment  as  fol- 
lows : 

But  when  there  are  minor  children  the  party  may  dispose  of 
the  homestead  by  will  to  the  widow  and  minor  children  ; 

Which  was  accepted  by  Mr.  Maxwell. 

The  question  was  then  upon  the  adoption  of  the  amendment 
as  amended. 

Mr.  Goss  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Wylly  moved  the  adoption  of  section  2  as  reported  by 
the  committee,  and  moved  the  previous  question. 

The  previous  question  was  ordered,  and  section  2  was  passed 
without  amendment. 

Section  3  was  read  and  passed  without  amendment. 

Section  4  was  read. 

Mr.  Orman  offered  the  following  amendment : 

"  Nor,  if  the  holder  be  without  children,  to  prevent  him  or 
her  from  disposing  of  his  or  her  homestead  by  will  in  a  manner 
provided  by  law  ;" 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

ISection  4  as  amended  was  then  passed. 

Section  5  was  read  and  passed  without  amendment. 

Mr.  Broome  offered  the  following  additional  section : 

No  homestead  provided  for  in  section  1  shall  be  reduced  in 
area  on  account  of  its  being  subsequently  included  within  the 
limits  of  an  incorporated  city  or  town,  without  the  consent  of 
the  owner. 

Mr.  Goss  moved  to  lay  the  additional  section  on  the  table  ; 
Which  was  not  agreed  to. 


444 


The  question  was  then  upon  the  adoption  of  the  additional 
section  ; 

Which  was  agreed  to,  and  the  additional  section  was  de- 
clared adopted. 

Mr  Goss  offered  the  following  additional  section  : 

That  all  real  estate  hereafter  sold  at  forced  sale  under  any- 
process  at  law  or  decree  in  equity  shall  be  redeemable  by  the 
owner  or  judgment  debtor  within  two  years  from  date  of  sale 
on  the  payment  of  principal  and  interest  and  cost. 

Mr.  Yonge  moved  to  lay  the  additional  section  on  the  ta- 
ble ; 

Which  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  additional 
section ; 

Which  was  agreed  to,  and  the  additional  section  was  de- 
clared adopted. 

Mr.  Thompson  offered  the  following  additional  section  : 

No  homestead  so  exempt  from  reduction  in  area  as  metioned 
in  preceding  section  — ,  shall  extend  to  more  than  ten  acres. 

Mr.  Orman  moved  to  lay  the  additional  section  on  the 
table  ; 

Which  was  agreed  to. 

Mr.  Orman  moved  that  Article  VI,  on  Homestead  Exemp- 
tions, be  passed,  spread  upon  the  Journal  and  engrossed  for  a 
third  reading ; 

Which  was  agreed  to  and  was  so  ordered. 

ARTICLE  YI. 

HOMESTEAD  AND  EXEMPTIONS. 

Section  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  land,  or  the  half  of  one  acre  within  the  limits  of 
any  incorporated  city  or  town,  owned  by  the  head  of  a  family 
residing  in  this  State,  together  with  one  thousand  dollars  worth 
of  personal  property,  and  the  improvements  on  the  real  estate, 
shall  be  exempt  from  forced  sale  under  process  of  any  court, 
and  the  real  estate  shall  not  be  alienable  without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists.  But 
no  property  shall  be  exempt  from  sale  for  taxes  or  assessments, 
or  for  the  payment  of  obligations  contracted  for  the  purchase  of 
said  property,  or  for  the  erection  or  repair  of  improvements  on 
the  real  estate  exempted,  or  for  house,  field  or  other  labor 
performed  on  the  same.  The  exemption  herein  provided  for 
in  a  city  or  town  shall  not  extend  to  more  improvements  or 


445 


buildings  than  the  residence  and  business  house  of  the  owner  ; 
and  no  judgment  or  decree  or  execution  shall  be  a  lien  upon 
exempted  property  except  as  provided  in  this  Article. 

Sec.  2.  The  exemptions  here  provided  for  in  section  one 
shall  inure  to  the  widow  and  heirs  of  the  party  entitled  to 
such  exemption,  and  shall  applj^  to  all  debts,  except  as  speci- 
fied in  said  section. 

Sec.  3.  The  exemptions  provided  for  in  the  Constitution  of 
this  .state  adopted  in  1868  shall  apply  as  to  all  debts  con- 
tracted and  judgments  rendered  since  the  adoption  thereof  and 
prior  to  the  adoption  of  this  Constitution. 

Sec.  4.  Nothing  in  this  article  shall  be  construed  to  prevent 
the  holder  of  a  homestead  from  alienating  his  or  her  homestead 
so  exempted  by  deed  or  mortgage  duly  executed  by  himself  or 
herself,  and  b}-  husband  and  wife,  if  such  relation  there  be,  nor 
if  the  holder  be  without  children  to  prevent  him  or  her  from 
disposing  of  his  or  her  homestead  by  will  in  a  manner  pre- 
scribed by  law. 

Sec.  5.  No  homestead  provided  for  in  section  1  shall  be  re 
duced  in  area  on  account  of  its  being  subsequently  included 
within  the  limits  of  an  incorporated  city  or  town  without  the 
consent  of  the  owner. 

Sec.  6.  That  all  real  estate  hereafter  sold  at  force  sale  under 
any  process  of  law,  or  decree  in  equity,  shall  be  redeemable 
by  the  owner  or  judgment  debtor  within  two  years  from  date 
of  sale  on  the  payment  of  principal,  interest  and  cost. 

Sec  7.  The  Legislature  shall  enact  such  laws  as  may  be 
necessary  to  enforce  the  provisions  of  this  Article. 

The  following  additional  section  to  Article  XVI,  on  Miscel- 
laneous Provisions,  offered  by  Mr.  Randall,  of  Duval,  was  read 
the  second  time  : 

release  to  riparian  proprietor. 

The  State  of  Florida  releases  and  grants  to  owners  and  to 
future  grantees  of  the  State  or  of  the  United  States  of  lands 
bounded  by  any  navigable  stream  or  ba}"  of  the  sea  or  harbor 
all  the  right,  title  and  interest  of  the  State  in  all  lands  cov- 
ered by  water  at  high  tide,  lying  in  front  of  any  land  so  owned 
to  the  edge  of  the  channel  of  such  navigable  stream  or  bay 
or  harbor,  and  between  the  boundary  lines  of  such  owner  ex- 
tended in  the  direction  of  the  channel  from  the  points  where 
the  boundary  lines  strike  the  water  at  high  water  mark  or 
high  tide.  But  this  release  shall  not  authorize  such  grantee 
or  owner  in  anywise  to  obstruct  the  channel,  but  full  space 
shall  be  left  for  the  requirements  of  commerce  ;  Provided^ 
That  nothing  herein  contained  shall  be  construed  to  release 


446 


the  title  of  the  State  to  any  of  the  swamp  or  overflowed  land 
within  the  State,  but  only  to  such  owners  whose  lands  are 
bounded  by  and  extend  to  high  water  mark  on  such  navigable 
streams,  bays  or  harbors. 

Mr.  Turnbull  moved  to  lay  the  additional  section  on  the 
table ; 

Which  was  agreed  to. 

Upon  motion  of  Mr.  McClellan,  the  Convention  adjourned 
until  9  o'clock  A.  M.  to-morrow. 


THIRTY-NINTH  DAY. 


SATURDAY,  July  25,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  ofBrevard  and  Dade,  Ben- 
nett, Bethel,  Blackburn,  Blount,  Broome,  Bush,  Campbell, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cock,  Davidson,  Davis, 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman,  Hendley, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis, 
Love,  Lutterloh,  Malone,  Mann,  Marshall,  Maxwell,  Miller, 
Milton,  Mitchell,  Morgan,  McClellan,  McKinnon,  Neel,  Odom, 
Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph,  Rich- 
ard, Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer, 
Stone,  Swearingen,  Tedder,  Tolbert,  Tompkins,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge 
and  Zipperer — 100. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Green  moved  that  the  reading  of  the  Journal  be  inform- 
ally dispensed  with ; 


447 


Which  was  agreed  to. 

Mr.  TurnbuU  olfered  the  following  resolution  : 

Besolved,  That  this  Convention  do  adjourn  sine  die  on  next 
Saturday,  August  1st,  1885,  at  12  o'clock  M. ; 

Which  was  read  and  laid  over  under  the  rules. 

Mr.  Maxwell,  of  the  committee  appointed  to  make  arrange- 
ments for  the  memorial  services  of  General  G-rant,  stated  that, 
in  their  opinion  as  to  the  da}^  for  such  services,  it  should  con- 
form to  that  appointed  for  the  country  at  large,  and  as  it  is 
uncertain  whether  that  will  fall  within  the  sittings  of  this 
Convention,  the  committee  ask  leave  to  defer  for  the  present 
the  selection  of  a  minister  to  officiate  on  the  occasion,  and 
recommend  that  the  resolutions  reported  yesterday  in  relation 
to  the  death  of  General  Grant  be  brought  up  for  passage  next 
Wednesday  evening.  He  stated,  further,  that  if  in  the  mean- 
time the  day  for  national  memorial  services  should  be 
found  to  come  while  the  Convention  is  in  session  the  commit- 
tee will  then  act  in  the  selection  of  a  minister,  as  provided  by 
the  resolution  under  which  they  were  appointed.. 

Article  XIII,  on  Census  and  Apportionment,  was  read  the 
first  time  b}'  its  title  and  placed  among  the  orders  of  the  day 
for  a  second  reading  on  Monday. 

Mr.  Rogers  moved  that  the  reading  of  the  Journal  be  dis- 
penses with  ; 

Which  was  agreed  to. 

Pending  the  correction  of  the  Journal,  the  following  ad- 
ditional rule  ofi'ered  by  Mr.  Yonge  on  yesterday,  was  called  up 
for  consideration : 

When  a  motion  for  the  reconsideration  of  a  vote  by  which 
an  article,  section  or  ordinance  has  been  adopted  or  lost  on  its 
second  reading,  or  passed  or  lost  on  its  third  reading,  is  made, 
it  shall  be  placed  among  the  orders  of  the  day,  and  shall  not 
be  acted  upon  the  same  day  it  is  offered,  except  upon  the  last 
day  of  the  session. 

A  motion  to  reconsider  and  to  lay  the  motion  to  reconsider 
upon  the  table  shall  not  apply  to  the  vote  by  which  any  arti- 
cle, section  or  ordinance  has  been  passed  from  its  second  read- 
ing or  disposed  of  on  its  third  reading. 

A  second  motion  to  reconsider  shall  be  entertained  only  as 
to  the  vote  upon  the  final  passage  on  the  third  reading,  or  the 
disposition  on  the  second  reading  of  an  article,  section  or 
ordinance,  and  in  these  cases  only  b}^  consent  of  a  majority  of 
the  members  of  the  Convention. 

The  question  was  upon  the  adoption  of  the  additional  rule ; 

Which  was  agreed  to,  and  the  rule  was  declared  adopted. 

The  Journal  was  then  corrected  and  approved. 


448 


Mr.  Baker,  of  the  Committee  on  Boundaries,  asked  leave  to 
have  the  Ordinance  reported  by  the  minority  of  said  commit- 
tee read  by  its  title  and  placed  among  tlie  orders  of  the  day  ; 

Which  was  granted,  and  it  was  so  ordered. 

The  Ordinance  relative  to  the  Division  of  the  State  reported 
by  the  Minority  Report  of  the  Committee  on  Boundaries,  was 
then  read  by  its  title  for  the  first  time  and  placed  among  the 
orders  of  the  day. 

The  following  ordinance,  reported  by  the  Committee  on 
Expenditures,  was  read  the  first  time  : 

Be  it  ordained  by  the  people  of  Florida^  represented  in  Consti- 
tutional Convention  : 

Section  1.  The  pay  of  the  members  of  the  present  Consti- 
tutional Convention  shall  be  a  per  diem  for  attendance  of  six 
($6.00)  dollars  per  day  in  addition  to  mileage  of  ten  cents  per 
mile  each  way  from  their  places  of  residence  to  the  Capital 
and  return,  estimated  by  the  shortest  thoroughfare. 

Sec.  2.  The  pay  of  the  Secretary  and  Assistant  Secretary  of 
the  Convention,  and  all  the  Clerks  elected  by  the  Convention, 
shall  be  six  ($6.00)  dollars  per  diem  each,  allowing  the  Secre- 
tary and  Assistant  Secretary  one  day  after  adjournment  to 
complete  unfinished  business  ;  all  Committee  Clerks  shall  re- 
ceive five  ($5.00)  dollars  per  diem  for  the  number  of  days  cer- 
tified by  the  Chairman  of  the  Committee;  the  pay  of  the  Ser- 
geant-at-Arms  shall  be  six  ($6.00)  per  diem,  and  Assistant 
Sergeant-at-Arms  shall  be  five  ($5.00)  dollars  per  diem;  the 
pay  of  the  Messengers  of  the  Convention  shall  be  four  ($4.00) 
dollars  per  diem  each  ;  the  pay  of  the  Doorkeeper  shall  be  five 
($5.00)  dollars  per  diem  ;  the  pay  of  Pages  shall  be  three 
($3.00)  per  diem  each  ;  the  pay  of  the  Janitor  shall  be  two 
($2.00)  dollars  per  diem  ;  the  pay  of  the  Chaplain  shall  be  one 
hundred  dollars  ;  the  Recording  Clerk  shall  be  entitled  to  pay 
for  two  days  after  adjournment  to  bring  up  his  work  on  Jour- 
nals. The  Comptroller  is  required  to  issue  his  warrant  in 
favor  of  any  member,  officer  or  attache  of  the  Convention  for 
the  amount  due  him,  and  the  Treasurer  shall  pay  the  same  out 
of  any  moneys  in  the  Treasury  not  otherwise  appropriated. 

Mr.  Challen  moved  that  the  rules  be  waived  and  the  ordi- 
nance read  a  second  time  ; 

Which  was  agreed  to,  and  it  was  so  ordered. 

Section  1  was  read  and  passed  without  amendment. 

Section  2  was  rend. 

Mr.  Grillis  offered  the  following  amendment : 

The  Recording  Clerk  shall  complete  his  work  after  the  ad- 
journment of  the  Convention  under  the  supervision  of  the  Sec- 


449 


retary  of  State,  and  shall  be  paid  for  the  same  at  six  dollars 
per  day  for  each  day  required  to  complete  his  work  ; 

Which  was  read. 

Mr.  Conover  olfered  the  following  amendment  to  the  amend- 
ment : 

That  the  Recording  Clerk  be  paid  fifteen  cents  per  folio  (100 
words)  for  all  the  unfinished  work  after  the  adjournment  of  this 
Convention. 

Mr.  Sanchez  moved  to  lay  the  amendment  to  the  amend- 
ment on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  to  the  amendment 
was  laid  on  the  table. 

Mr.  Bethel  moved  the  adoption  of  the  amendment  offered 
by  Mr.  Gillis,  and  moved  the  previous  question. 

The  previous  question  was  ordered. 

The  amendment  was  then  adopted. 

Mr.  Mann  offered  the  following  amendment :  , 

In  line  nine  strike  out  "  $3.00,"  and  insert  "  $4.00." 

Mr.  Mann  moved  the  adoption  of  the  amendment,  and  moved 
the  previous  question. 

The  previous  question  was  ordered  and  the  amendment  was 
not  agreed  to. 

Mr.  Conover  ofiered  the  following  amendment : 

In  line  nine,  section  2,  strike  out  "two  (2.00)"  and  insert 
"  three  "  after  the  words  "the  Janitor  shall  be." 

Mr.  Fowler  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to,  and  the  amendment  was  laid  upon  the 
table.  ' 
Mr.  Hocker  offered  the  following  amendment : 

Strike  out  in  line  13  all  after  the  word  "him,"  and  insert 
"  and  the  Treasurer  shall  pay  on  each  warrant  out  of  the 
moneys  appropriated  for  the  expenses  of  this  Convention  an 
amount  bearing  the  same  ratio  to  the  whole  amount  so  appro- 
priated, as  the  amount  of  each  warrant  shall  bear  to  the  whole 
expense  of  the  Convention,  and  the  balance  of  each  warrant 
he  shall  pay  out  of  any  moneys  in  the  Treasury  not  otherwise 
appropriated. 

Mr.  Humphries  offered  the  following  amendment  to  the 
amendment : 

Provided^  That  the  mileage  of  members  be  first  paid. 

Pending  discussion  Mr.  McClellan  moved  to  recommit  sec- 
tion 2,  together  with  amendments,  to  the  Committee  on  Ex- 
penditures ; 
29 


450 


Which  was  agreed  to,  and  the  section  was  so  recommitted. 

The  consideration  of  Article  XYI,  on  Miscellaneous  Provis- 
ions, was  resumed. 

Mr.  Randell,  of  Madison,  moved  to  reconsider  the  vote  by 
which  section  34  was  passed ; 

Which  was  agreed  to,  and  the  vote  was  reconsidered. 

Mr.  Randell,  of  Madison,  offered  the  following  substitute  for 
section  34 : 

Sec.  34.  The  salary  of  the  Governor  of  the  State  shall  be 
thirty-five  hundred  dollars  per  annum,  that  of  the  Comptroller 
two  thousand  dollars,  that  of  the  State  Treasurer  two  thousand 
dollars,  that  of  Secretaiy^  of  State  fifteen  hundred  dollars,  that 
of  Attorney-General  fifteen  hundred  dollars,  that  of  Commis- 
sioner of  Agriculture  fifteen  hundred  dollars,  that  of  Superin- 
tendent of  Public  Instruction  fifteen  hundred  dollars  per  an- 
num ;  Provided^  That  no  administrative  officer  shall  receive 
any  allowance  or  additional  compensation  beyond  his  salary 
for  any  service  or  services  rendered  the  State,  in  connection 
with  the  Internal  Improvement  Fund,  or  other  interests  be- 
longing to  the  State  of  Florida  ;  Provided^  further^  That  the 
Legislature  may,  after  eight  years  from  the  adoption  of  this 
Constitution,  raise  or  decrease  any  or  all  of  said  salaries. 

The  question  was  upon  the  adoption  of  the  substitute. 

Mr.  McClellan  moved  to  amend  the  Governor's  salary  by 
striking  out    3,500  "  and  insert  3,000 

Which,  upon  motion,  was  laid  upon  the  table. 

Mr.  Walker,  Jr.,  moved  to  place  the  substitute  in  place  of 
the  original,  and  moved  the  previous  question. 

The  previous  question  was  ordered,  and  the  question  was 
upon  placing  the  substitute  in  place  of  the  original. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Black- 
burn, Bush,  Campbell,  Carson,  Clarke  of  Jeflferson,  Davis, 
Edge,  Genovar,  Goss,  Greeley,  Green,  llausman,  Herndon, 
Hicks,  Hocker,  Hunter,  Ives,  Jones,  Landrum,  Lewis,  Love, 
Lutterloh,  Malone,  Miller,  Milton,  Morgan,  McCaskill, 
McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parkhill,  Paterson, 
Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe, 
Scott,  Stone,  Tedder,  Thompson,  Tolbert,  Tompkins,  Turn- 
bull,  Wadsworth,  Walker,  Jr ,  Weeks,  Wellman,  Wilson  of 
Clay,  Yonge  and  Zipperer — 55. 

Nays— Messrs.  Baker,  Bethel,  Blount,  Broome,  Carr, 
Challen,  Chandler,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Earle,  Fog.u'ty,  Fowler  Gibbs,   Gillis,  Hargret, 


451 


Hatch,  Henclle}',  Hope,  Humphries,  Johnston,  Lesley,  Max- 
well, Mitchell,  McClellan,  Parker,  Parsons,  Pelot,  Randall 
of  Duval,  Robertson,  Sanchez,  Speer,  Swearingen,  Walter, 
Westcott,  Wilson  of  Polk  and  Manatee  and  Wylly — 39. 

So  the  substitute  was  placed  in  lieu  of  the  original. 

The  question  was  then  upon  the  adoption  of  the  substitute  ; 

Mr.  Pelot  ofiered  the  following  amendment : 

Strike  out  "  first  proviso." 

Mr.  Walker,  Jr.,  moved  to  lay  the  amendment  on  the  table  ; 
Whi'ih  was  agreed  to. 

Mr.  Carr  offered  the  following  amendment  : 

"  That  the  salary  of  the  Secretary  of  State  shall  be  S2,000, 
and  the  salary  of  the  Attorne^^-General  shall  be  $2,000  per 
annum." 

Mr.  McClellan  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Turnbull  moved  the  adoption  of  the  substitute  as  offered 
by  Mr.  Jlandell,  and  moved  the  previous  question. 

The  previous  question  was  order,  and  the  substitute  was  de- 
clared adopted. 

Mr.  Wilson,  of  Polk,  moved  to  reconsider  the  vote  by  which 
the  Convention  refused  to  -trike  out  the  words  "two-thirds,  '  in 
section  1,  Article  XIY,  on  Constitutional  Amendments,  and 
Insert  the  word     m-ijorit}"  "  instead  ; 

Which  was  laid  over  under  the  rule. 

Mr.  Walker  offered  the  following  additional  section  to  Ar- 
ticle XVI,  on  Miscellaneous  Provisions  : 

The  State  University  shall  be  under  the  management  and 
control  of  a  Board  of  Trustees  to  be  appointed  hy  the  Grov- 
ernor  with  the  advice  and  consent  of  the  Senate.  The  Gov- 
ernor and  Superintendent  of  Public  Instruction  shall  be  ex- 
officio  members  of  said  Board  of  Trustees  ; 

Which  was  read  and  referred  to  the  Committee  on  Miscel- 
laneous Provisions. 

Mr.  Randolph  offered  the  following  additional  section  : 

No  municipal  election  shall  be  held  in  anj^  city  or  town 
within  the  State  on  the  same  day  as  that  of  a  general  election. 

Mr.  Walter  moved  to  lay  the  additional  section  on  the  table  ; 
Which  was  agreed  to,  and  the  additional  section  was  laid 
on  the  table. 

The  following  two  sections  to  Article  XYI  on  Miscellaneous 
Provisions  offered  by  Mr.  Challen,  of  Duval,  on  Tuesday  the 
thirty-fifty  da}^  of  the  Convention,  came  up  for  consideration 
on  the  second  reading  : 


452 


The  right  of  drainage  and  the  means  to  procure  it  shall  be 
promoted  and  protected,  and  the  right  of  way  through  infe- 
rior lands  for  the  drainage  of  superior  by  the  direct  as  well 
as  b}^  the  natural  course  shall  be  provided  for  and  enforced ; 
Provided^  That  the  cost  and  drainage  of  such  easement  may 
be  assessed  in  proportion  to  benefit  upon  the  lands  of  the 
parties  applying  for  the  same  ;  and,  provided  further^  That 
the  owners  of  lands  bearing  the  servitude  shall  be  entitled  to 
just  compensation  from  the  parties  so  applying. 

The  right  to  collect  rates  or  compensation  for  the  use  of 
water  supplies  to  any  county,  city  or  town,  or  the  inhabitants 
thereof,  is  a  franchise  and  cannot  be  exercised  except  by  au- 
thority of  and  in  the  manner  prescribed  by  law. 

The  first  section  was  read. 

Mr.  Richard  moved  to  lay  the  section  on  the  table. 

Pending  action,  Mr.  McClellan  moved  to  commit  the  two 
sections  to  the  Committee  on  Judiciary  Department ; 

Which  was  agreed  to,  and  the  two  sections  were  so  com- 
mitted. 

Article  XVI,  on  Miscellaneous  Provisions,  was  then  passed, 
ordered  spread  upon  the  Journal  and  engrossed  for  a  third 
reading. 

ARTICLE  XYI. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  The  Seat  of  Government  shall  be  at  the  City  of 
Tallahassee,  in  the  County  of  Leon. 

Sec.  2.  Each  and  every  officer  of  this  State,  including  the 
members  of  the  Legislature,shall,  before  entering  upon  the  dis- 
charge of  his  official  duties,  take  the  following  oath  of  office  :  I 
do  solemnly  swear  [or  aflftrm]  that  I  will  support,  protect  and 
defend  the  Constitution  and  Government  of  the  United  States- 
and  of  the  State  of  Florida ;  that  I  am  duly  qualified  to  hold 
office  under  the  Constitution  of  the  State,  and  that  I  will  well 

and  faithfully  perform  the  duties  of  ,  on  which  I  am 

now  about  to  enter,  so  help  me  God. 

Sec.  3.  The  salary  of  each  officer  shall  be  payable  quarterly 
upon  his  own  requisition. 

Sec.  4.  All  county  oflScers  shall  hold  their  respective  oflSces, 
and  keep  their  oflScial  books  and  records,  at  the  county  seats 
of  their  counties,  and  the  Clerk  and  Sheriff  shall  either  reside 
or  have  a  sworn  deputy  within  two  miles  of  the  county  seat. 

Sec.  5.  The  Legislature  may  provide  for  the  donation  of 
the  public  lands  to  actual  settlers,  but  such  donation  shall  not 
exceed  eighty  acres  to  any  one  person. 


453 


Sec.  6.  The  Legislature  shall  provide  for  the  speedy  pub- 
lication and  distribution  of  all  statutes  and  laws  it  may 
enact.  All  decisions  of  the  Supreme  Court  and  all  laws  and 
judicial  decisions  shall  be  free  for  publication  b}-  any  person. 
But  no  judgment  of  the  Supreme  Court  shall  take  effect  and 
be  operative  until  the  opinion  of  the  Court  in  such  case  shall 
be  tiled  with  the  clerk  of  said  Court. 

Sec.  T.  The  Legislature  shall  not  create  any  office  the 
term  of  which  shall  be  longer  than  four  years. 

Sec.  S.  a  plurality  of  votes  given  at  an  election  of  officers 
shall  constitute  a  choice  when  not  otherwise  provided  by  this 
Constitution. 

Sec.  9.  In  all  criminal  cases  prosecuted  in  the  name  of  the 
State,  where  the  def-ndant  is  insolvent  or  discharged,  the  State 
shall  pay  the  legal  cost  and  expenses,  including  the  fees  of 
officers,  under  such  regulations  as  shall  be  provided  by  law. 

Sec.  10.  The  Governor.  Supreme  Court  and  all  the  adminis- 
trative officers  shall  keep  their  offices  at  the  Seat  of  (3-overn- 
ment.  But  in  case  of  invasion  or  violent  epidemics  the 
Governor  may  direct  that  the  offices  of  the  government  shall 
be  removed  temporarily  to  some  other  place.  The  sessions  of 
the  Legislature  maybe  adjourned  for  the  same  cause  to  some 
other  place,  but  in  case  of  such  removal  all  the  departments  of 
the  government  shall  be  removed  to  one  place.  But  such  re- 
moval shall  not  continue  longer  than  the  necessity  for  the  same 
shall  continue. 

Sec.  11.  Xo  extra  compensation  shall  be  made  to  any  offi- 
cer, agent,  employe,  or  contractor  after  the  service  shall  have 
been  rendered  or  the  contract  made  :  nor  shall  any  money  be 
appropriated  or  paid  on  any  claim,  the  subject  matter  of  which 
shall  not  have  been  provided  for  by  pre-existing  laws,  unless 
such  compensation  or  claim  be  allowed  by  bill  passed  by  two- 
thirds  of  the  members  elected  to  each  branch  of  the  Legisla- 
ture. 

Sec.  12.  The  present  seal  of  the  State  shall  be  and  remain 
the  >eal  of  the  >tate  of  Florida:  and  the  present  Stare  emblem 
shall  be  and  remain  the  State  emblem  of  the  State  of  Florida. 

Sec.  13.  The  sureties  upon  the  official  bonds  of  all  the  State 
officers  shall  be  residf  nts  of  and  have  sufficient  visible  prop- 
erty, unincumbered,  within  the  State  not  exempt  from  sale 
under  legal  process,  to  make  good  their  bonds  :  and  the  sure- 
ties upon  the  official  bonds  of  all  county  officers  shall  reside 
within  the  counties  where  such  county  officers  reside,  and  have 
sufficient  visible  property  therein,  unincumbered,  and  not 
exempt  from  sale  under  legal  process,  to  make  good  their 
bonds. 


454 


Sec.  14.  All  State,  county  and  municipal  officers  shall  con- 
tinue in  office,  after  the  expiration  ot  their  official  terms,  until 
their  successors  are  duly  qualified. 

Sec.  15.  No  pei-son  holding  or  exercising  the  fuctions  of 
any  office  under  any  foreign  government,  under  the  govern- 
ment of  the  United  States,  or  under  Siny  other  State,  shall  hold 
any  office  of  honor  or  profit  under  the  government  of  this 
State  ;  and  no  person  shall  hold  or  perform  the  functions  of 
more  than  one  office  under  the  government  of  this  State  at  the 
same  time;  Provided^  Notaries  Public,  Militia  officers.  County 
School  Officers  and  Commissioners  of  Deeds,  may  be  elected 
or  appointed  to  fill  any  Legislative,  Executive  or  Judicial 
office. 

Sec.  16.  The  property  of  all  corporations,  except  the  prop- 
erty of  a  corporation  which  shall  construct  a  ship  or  barge 
canal  across  the  peninsula  of  Florida,  if  the  Legislature  should 
so  enact,  whether  heretofore  or  hereafter  incorporated,  shall 
be  subject  to  taxation,  unless  such  property  be  held  and  used 
exclusively  for  religious,  scientific,  educational  or  charitable 
purposes. 

Sec.  it.  No  person  shall  hold  any  office  of  trust  or  profit  un- 
der the  laws  of  this  State  without  devoting  his  personal  atten- 
tion to  the  duties  of  the  same. 

Sec.  ]8.  The  Legislature  shall  provide  for  deductions  from 
the  salaries  of  public  officers  who  nay  neglect  the  performance 
of  any  duty  that  may  be  assigned  them  by  law. 

Sec.  19.  No  Convention  or  Legislature  of  this  State  shall 
act  upon  any  amendment  of  the  Constitution  of  the  United 
States,  proposed  hy  Congress  to  the  several  States,  unless 
such  Convention  or  Legislature  shall  have  been  elected  after 
such  amendment  is  submitted. 

Sec.  20.  The  Governor,  or  any  State  officer,  is  hereby  pro- 
hibited from  giving  certificates  of  election,  or  other  creden- 
tials, to  any  person  as  having  been  elected  to  the  House  of 
Representatives  of  the  United  States  Congress,  or  the  United 
States  Senate,  who  has  not  been  five  years  a  citizen  of  the 
State  and  ten  years  a  citizen  of  the  United  States,  and  a  qual- 
ified voter. 

Sec.  21.  Deeds  and  mortgages  which  have  been  proved 
for  record  and  recorded  according  to  law,  shall  be  taken  as 
prima  facie  evidence  in  the  courts  of  this  State  without  re- 
quiring the  proof  of  the  execution.  A  certified  copy  of  the 
record  of  any  deed  or  mortgage  which  has  been  or  shall  be 
duly  recorded  according  to  law,  shall  be  admitted  as  prima 
facie  evidence  thereof  and  of  its  due  execution  with  like 
effect  as  the  original  duly  proved  ;    Provided^  It  be  made  to 


455 


appear  that  the  original  is  not  within  the  custody  or  con- 
trol of  the  party  offering  such  copy. 

Sec.  22.  The  Legislature  shall  provide  by  proper  legislation 
for  giving  to  mechanics  and  laborers  an  adequate  lien  on  the 
subject  matter  of  their  labor. 

Sec.  23.  No  soldier  shall  in  time  of  peace  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but 
in  the  manner  prescribed  by  law. 

Sec.  24.  Xothing  contained  in  this  Constitution  shall  be  so 
construed  as  to  impair  the  validity  of  any  debts  or  contracts, 
or  affect  any  rights  of  property  or  any  suits,  actions,  rights  of 
action  or  other  proceedings,  civil  or  criminal,  in  the  courts  of 
this  State. 

Sec.  25.  All  marriages  between  a  white  person  and  a  negro, 
or  between  a  white  person  and  a  person  of  negro  descent,  to  the 
fourth  generation  inclusive,  are  hereby  forever  prohibited. 

Sec.  26.  The  term  felony,  whenever  it  ma}^  occur  in  this  Con- 
stitution or  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  offence  punishable  with  death  or  imprisonment  in 
the  State  Penitentiary. 

Sec  27.  The  salary  of  the  Governor  of  the  State  shall  be 
thirty-five  hundred  dollars  per  annum ;  that  of  the  Comp- 
troller, two  thousand  dollars  ;  that  of  the  State  Treasurer,  two 
thousand  dollars ;  that  of  Secretary  of  State,  fifteen  hun- 
dred dollars  ;  that  of  Attorney  G-eneral,  fifteen  hundred  dol- 
lars ;  that  of  Commissioner  of  AgricvJture,  fifteen  hundred 
dollars;  that  of  Superintendent  of  Public  Instruction,  fifteen 
hundred  dollars  per  annum  ;  Provided^  That  no  administra- 
tive oflficer  shall  receive  any  additional  compensation  beyond 
his  salary  for  any  service  or  services  rendered  the  State  in 
connection  with  the  Internal  Improvement  fund  or  other 
interests  belonging  to  the  State  of  Florida;  Provided^  further^ 
That  the  Legislature  may  after  eight  years  from  the  adoption 
of  this  Constitution  raise  or  decrease  any  or  all  of  said 
salaries. 

Mr.  Thompson  gave  notice  that  he  would  move  to  reconsider 
the  vote  by  which  his  amendment  to  Article  — ,  on  Private 
Corporations  was  lost. 

The  consideration  of  Article  XI,  on  Judiciary,  was  resumed, 

Messrs.  Johnston  and  Sheats  were  excused  until  Tuesday. 

Page  Fowler  was  granted  a  leave  of  absence. 

Upon  motion  of  Mr.  McClellan  the  Article  was  read  by  sec- 
tions, commencing  with  section  1. 

Section  1  was  read  and  passed  without  amendment. 

Section  2  was  read. 

Mr.  Landrum  offered  the  following  substitute : 


456 


~  Section  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  Associate  Justices,  who  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  shall  hold  their  offices  for  the  term  of:  The  first 
Associate  Justice  for  three  years,  and  the  second  Associate 
Justice  for  six  years,  and  the  Chief  Justice  for  nine  years,  so 
that  one  shall  be  appointed  every  three  years  after  their  first 
appointment  and  confirmation. 

Mr.  Wylly  moved  to  lay  the  substitute  upon  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bennett,  Bethel, 
Blackburn,  Blount,  Broome,  Campbell,  Carson,  Chandler, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Oibbs,  Gillis,  Goss,  Greeley,  Green,  Hargret,  Hatch,  Haus- 
man,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hunter, 
Ives,  Johnston,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 
Mann,  Maxwell,  Milton,  Morgan,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Petty,  Randell  of  Madison,  Richard,  Robertson,  Rog- 
ers, Sanchez,  Scott,  Speer,  Stone,  Swearingen,  Tedder,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Weeks,  Well- 
man,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer— 8L 

Nays — Messrs.  Carr,  Challen,  Landrum,  Miller,  Randall  of 
Duval,  Rowe,  Thompson  and  Walter — 8. 

So  the  motion  was  agreed  to,  and  the  substitute  laid  upon 
the  table. 

Mr.  Sanchez  moved  to  amend  as  follows  : 

Strike  out  "  Chief  Justice  and  two  Associates,"  and  insert 
'Hhree;" 

Which  was  agreed  to, 

Mr.  Hocker  moved  to  amend  as  follows: 

In  lines  6  and  7,  strike  out  sentence  beginning  with  "  the  " 
and  ending  with  "  office,"  and  inserting  "the  Justices  of  the 
Supreme  Court  shall  designate  by  lot  every  two  years  one  of 
their  number  as  Chief  Justice." 

Pending  discussion  Mr.  McClellan  offered  the  following 
amendment : 

In  7th  line  after  the  word  "lot"  insert  "by  said  Justices." 

Which  was  accepted  by  Mr.  Hocker,  who  withdrew  his  amend- 
ment. 


457 


Mr.  McClellan  moved  the  adoption  of  the  amendment  and 
moved  the  previous  question. 

The  previous  question  was  ordered  and  the  amendment  was 
adopted. 

Section  2  was  then  passed  as  amended. 
Section  3  was  read. 

Mr.  Chandler  moved  to  amend  as  follows  : 

Strike  out  the  word  "  or  "  before  "  criminal,"  in  line  2.  and 
add  after    courts,"  in  same  line,  the  words  "  county  courts  ;" 
^Vhich  was  laid  on  the  table. 

Mr.  Blount  moved  to  amend  by  inserting  the  words  "  or 
elected  "  after    appointed,"  in  line  one  ; 
Which  was  agreed  to. 
Section  3  was  then  passed  as  amended. 
Section  4  was  read  and  passed  without  amendment. 
Section  5  was  read  and  passed  without  amendment. 
Section  6  was  read  and  passed  without  amendment. 
Section  T  was  read  and  passed  without  amendment. 
Section  8  was  read. 

Mr.  Gross  oifered  to  amend  as  follows : 

Strike  out  in  first  line  the  words  shall  be  appointed  by  the 
Governor  and  confirmed  by  the  Senate,"  and  insert  in  lieu 
thereof    shall  be  elected  hy  the  people  of  the  State  at  large." 

Mr.  Bethel  called  the  previous  question  on  the  adoption  of 
the  amendment  offered  by  Mr.  Goss,  and  on  the  adoption  of  the 
s-ection. 

The  previous  question  was  ordered. 

The  question  was  on  the  adoption  of  the  amendment. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas— Messrs.  Baker,  Bush,  Carr,  Chandler,  Fowler,  Gibbs, 
Goss,  Greeley,  Hargret,  Mitchell,  Petty,  Rowe,  Thompson, 
Tompkins  and  Zipperer — 15. 

Xays — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Campbell,  Challen,  CUirke  of  Jefferson.  Clark  of  Jackson,  Co- 
ker,  Conover,  Cook,  Davidson,  Davis,  Duncan,  Edge,  Fogarty, 
Genovar,  Gillis,  Green,  Hatch,  Hausman,  Hendley,  Henderson, 
Herndon,  Hicks,  Hocker,  Hope,  Hunter,  Ives,  Lesley,  Lewis, 
Love,  Lutterloh,  Malone.  Maxwell,  Milton,  Morgan,  McCaskill, 
McClellan,  McKinnon,  Odom,  Oliveros,  Orman,  Parker,  Park- 
hill,  Parsons,  Paterson,Pelot.  Randall  of  Duval,  Randell  of  Mad- 
ison, Randolph,  Richard,  Robertson,  Rogers,  Scott,  Speer, 
Stone,  Tedder,  Tolbert,  Turnbuil,  Wadsworth,  Walker,  Jr., 
Walter,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  W^^lly  and  Yonge— 69. 


458 


So  the  amendment  was  not  adopted. 

The  question  was  then  on  the  adoption  of  the  section. 

Mr.  Bethel  withdrew  his  motion  tor  the  previous  question. 

Mr.  McKinnon  offered  the  following  amendment : 

Strike  out  from  "  be,"  in  first  line,  to  and,"  in  second  line, 
and  insert  elected  by  the  qualified  electors  of  the  Judicial 
Circuit." 

Mr.  Parkhill  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table 

Mr.  Wilson,  of  Polk,  moved  the  previous  question. 
The  previous  question  was  ordered  and  section  8  was  de- 
clared passed  as  read. 
Section  9  was  read. 

Mr.  Swearingen  moved  that  section  9  be  adopted  and  moved 
the  previous  question. 

The  previous  question  was  ordered  and  section  9  was  passed 
without  amendment. 

Section  10  was  read  and  passed  without  amendment. 

Section  11  was  read  and  passed  without  amendment. 

Section  12  was  read  and  passed  without  amendment. 

Section  13  was  read. 

Mr.  Randall,  of  Duval,  offered  to  amend  as  follows : 

Insert  the  words  "from  the  county  "  after  the  word  "ab- 
sence," in  line  3 ; 

Which  was  agreed  to. 

Mr.  Blount  moved  to  amend  by  striking  out  in  line  2  the 
words,  "  who  shall  be  known  as,"  and  insert  in  lieu  thereof 
the  words  "  to  be  ;" 

Which  was  agreed  to,  and  Section  13  was  then  passed 
as  amended. 

Section  14  was  read. 

Mr.  McKinnon  moved  to  amend  as  follows  : 

Section  14.  Strike  out  all  of  the  first  line,  and  insert  "these 
shall  be  elected  by  the  qualified  electors  in  the  Judicial  Cir- 
cuits." 

Mr.  Parkhill  moved  to  lay  the  motion  on  the  table. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — ^Mr.  President,  Messrs.  Bennett,  Bethel,  Black- 
burn, Blount,  Broome,  Campbell,  Carson,  Clarke  of  Jefierson, 
Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Earl',  Fogarty,  Genovar,  Gillis,  Hausman,  Hendley, 
Herndon,  Hope,  Lesley,  Love,  Lutterloh,  Malone,  Maxwell, 


459 


Milton,  Morgan,  McClellan,  Odom,  Orman,  Parker,  Park- 
hill,  Parsons,  Paterson,  Pelot,  Randell  of  Madison,  Ran- 
dolph, Richard,  Scott,  Speer,  Stone,  TurnbuU,  Wads- 
worth,  Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson 
of  Polk  and  Manatee,  Wylly  and  Yonge — 53. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bush, 
Carr,  Challen,  Chandler,  Conover,  Edge,  Fowler,  Gibbs, 
Gross,  Greeley,  Green,  Hargret,  Hatch,  Henderson,  Hicks, 
Hunter,  Ives,  Landrum,  Lewis,  McCaskill,  McKinnon,  Neel, 
Oliveros,  Petty,  Randall  of  Duval,  Robertson,  Rogers,  Rowe, 
Tedder,  Thompson,  Tolbert,  Tompkins  and  Walter — 35. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

The  question  was  upon  the  adoption  of  section  14. 

Section  14  was  then  passed  as  read. 

Section  15  was  read  and  passed  without  amendment. 

Section  16  was  read. 

Mr.  Blackburn  offered  to  amend  as  follows  : 

In  lines  7  and  8,  strike  out  "  He  shall  have  the  power  of  a 
committing  magistrate,"  and  insert,  "  He  shall  have  the  same 
jurisdiction  in  civil  and  criminal  cases  as  Justices  of  the 
Peace." 

Mr.  Blount  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to  and  the  amendment  was  laid  on  the 
table. 

Mr.  Oliveros  moved  to  amend  by  striking  out  all  after  the 
word  "  Magistrate,"  in  eighth  line. 

Mr.  Blount  moved  to  lay  the  motion  on  the  table ; 

Which  was  agreed  to,  and  the  motion  was  laid  on  the  table. 

Mr.  Blount  moved  to  amend  the  section  by  striking  out  the 
words  Judges  of  the  County  Courts  "  and  insert  in  lieu  there- 
of the  words    County  Judge,"  in  line  4. 

Mr.  Challen  offered  the  following  resolution  : 

Resolved^  That  the  Sergeant-at-Arms  be  instructed  to  make 
a  thorough  examination  of  the  roof  the  Capitol  and  of  the  cis- 
terns from  which  the  water  used  by  the  Convention  is  ob- 
tained, and  if  the  water  is  found  to  be  impure  that  he  furnish 
pure  water  from  some  other  source  ; 

Which  was  adopted. 

The  Convention  then  took  a  recess  until  4  o'clock  P.  M.  to- 
day. 


460 


FOUR  O'CLOCK   P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bennett,  Bethel,  BlackburOj, 
Blount,  Broome,  Bush,  Campbell,  Carter,  Carson,  Challen, 
Chandler,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs- 
Gillis,  Goss,  Greeley,  Green,  Hatch,  Hausman,  Hendle}^,  Hen, 
derson,  Herndon,  Hicks,  Hocker,  Hope,  Hunter,  Ives,  Jones, 
Landrum,  Lesle}^  Lewis,  Lutterloh,  Mann,  Marshall,  Maxwell, 
Miller,  Milton,  Morgan,  McCaskill,  McClellan,  McKinnon, 
Neel,  Odom,  Oliveros,  Orman,  Parker,  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Speer,  Stone, 
Swearingen,  Tedder,  Tolbert,  Tompkins,  Wadsworth,  Walker, 
Jr.,  Walter,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 87. 

Mr.  Turnbull  was  indehnitely  excused  on  account  of  sickness. 

The  consideration  of  Article  XI,  on  Judiciary,  was  resumed. 

Section  17  was  read  and  passed  without  amendment. 

Section  18  was  read. 

Mr.  Miller  moved  to  amend  by  adding  the  following : 

In  case  of  the  failure  of  any  Circuit  Judge  to  attend  any 
term  of  his  Court  by  12  o'clock  M.  on  the  second  day  thereof, 
a  majority  of  the  attornej^s  at  law  present  may  select  one  of 
their  number  to  hold  that  term  of  the  court,  or  until  the  arrival 
of  the  Judge  during  the  same.  An  attorney  thus  selected 
shall  have  all  the  powers  of  the  Circuit  Judge  in  the  discharge 
of  those  duties.  The  Legislature  shall  provide  compensation 
for  an  attorney  so  acting  as  Judge. 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table. 

Section  18  was  then  passed  as  read. 
Section  19  was  read. 

Mr.  McKinnon  moved  to  amend  as  follows  : 

Strike  out  all  in  line  2  after  "necessary  "  to  "  one,"  in  3d 
line,  and  insert  "  ihere  shall  be  elected." 

The  question  was  on  the  adoption  of  the  amendment ; 
Which  was  agreed  to,  and  the  amendment   was  declared 
adopted. 


461 


Section  19  as  amended  was  then  passed  as  amended. 
Section  20  was  read. 

Mr.  Hocker  offered  the  following  substitute : 

In  each  countj^  where  there  shall  be  no  Connty  Court,  as 
provided  for  in  section  17  of  this  Article,  the  Justices  of  the 
Peace  shall  have  jurisdiction  in  cases  at  law  in  which  the  de- 
mand or  value  of  the  prope  t}'  involved  does  not  exceed  one 
hundred  dollars  and  in  which  the  cause  of  action  accrued  or 
the  defendant  resides  in  his  district,  and  in  criminal  cases,  as 
may  be  provided  by  law,  and  in  counties  where  County  Courts 
are  established,  as  provided  for  in  section  17  of  this  Article^ 
every  Justice  of  the  Peace  shall  have  jurisdiction  in  cases  at 
law  in  which  the  demand  or  value  of  the  property  does  not  ex- 
ceed fifty  dollars,  and  in  which  the  cause  of  action  accrued  or 
the  defendant  resides  in  his  district,  and  he  shall  have  power 
to  issue  process  for  the  arrest  of  persons  charged  with  crime, 
and  to  make  the  same  returnable  before  himself  or  the  County 
Judge  for  examination  and  discharge,  commitment  or  bail  of 
the  accused.  The  Justices  of  the  Peace  shall  have  power  to 
hold  inquests  of  the  dead. 

Mr.  Sanchez  moved  to  lay  the  substitute  on  the  table ; 
Which  was  not  agreed  to. 

Mr.  Hocker  moved  to  place  the  substitute  in  place  of  the 
original  and  moved  the  previous  question. 
The  previous  question  was  ordered. 

The  question  was  upon  placing  the  substitute  in  place  of 
the  original. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas  —Messrs.  Bennett,  Blackburn,  Broome,  Clark  of  Jack- 
son, Duncan,  Earle,  Edge,  Genovar,  Green,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Ives, 
Leslej^  Miller,  Morgan,  Odom,  Oliveros,  Orman,  Pelot,  Ran- 
dell  of  Madison,  Richard,  Robertson,  Rogers,  Rowe,  Speer, 
Stone,  Tedder,  Tolbert,  Tompkins,  Wadsworth,  Walter,  Wil- 
son of  Clay,  Wylly  and  Zipperer — 40. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Bethel,  Blount,  Bush, 
Campbell,  Carter,  Carr,  Carson,  Challen,  Chandler,  Coker,  Con- 
over,  Cook,  Davidson,  Davis,  Fogarty,  Fowler,  Gibbs,  Gillis, 
Goss,  Greeley,  Hargret,  Hunter,  Landrura,  Lewis,  Lutterloh, 
Marshall,  Maxwell,  Milton,  Mitchell,  McCaskill,  McClellan, 
>icKinnon,  Neel,  Parker,  Parsons,  Paterson,  Randall  of  Duval, 
Randolph,  Sanchez,  Swearingen,  Thompson,  Walker,  Jr., 
Weeks,  Wellman,  Westcott,  Wilson  of  Polk  and  Manatee 
and  Yonge — 49. 


462 


So  the  motion  to  place  the  substitute  in  place  of  the  origi- 
nal was  not  agreed  to. 

Section  20  was  then  passed  as  read. 
Section  21  was  read. 

Mr.  Westcott  offered  to  amend  as  follows : 

After  "year"  in  last  line  add  "the  counties  paying  the  sala- 
ries 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Goss  offered  to  further  amend  as  follows : 

After  the  word  "  court,  "  in  third  line,  add  "  who  shall  be 
elected  by  the  qualified  electors  of  the  county." 

Mr.  Blount  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table. 

Mr.  Rogers  moved  the  following  amendment : 

Add  after  the  word  "  expedient  "  in  line  2,  section  21,  the 
following :  "  Upon  application  of  a  majority  of  the  freeholders 
of  such  other  counties 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Walker,  Jr.,  moved  to  reconsider  the  vote  just  taken  on 
the  amendment  offered  by  Mr.  Rogers  ; 
Which  was  agreed  to. 

Mr.  Blount  then  moved  to  amend  as  follows : 

After  word  "  and,"  in  first  line,  insert  "  upon  the  application 
of  a  majority  of  the  freeholders  ;" 

Which  was  agreed  to,  and  the  amendment  was  agreed  to. 

Mr.  Carr  moved  to  amend  by  striking  out  the  word  "  free- 
holders "  and  inserting  "  majority  of  the  registered  voters  ;" 

Which  was  not  agreed  to. 

Section  21  was  then  passed  as  amended. 

Section  22  was  read  and  passed  without  amendment. 

Section  23  was  read  and  passed  without  amendment. 

Section  24  was  read. 

Mr.  McKinnon  moved  to  amend  as  follows  : 

Strike  out  in  line  2  all  to  "  and,"  and  insert  "  elected  by  the 
qualified  electors  in  said  county." 

Upon  motion,  the  amendment  was  laid  upon  the  table. 
The  question  was  then  upon  the  adoption  of  section  24. 
The  yeas  and  nays  were  called. 
The  vote  was : 


463 


Yeas — Messrs.  Bennett,  Bethel,  Blount,  Broome,  Campbell, 
Carter,  Carson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Fogarty,  Gillis,  Green,  Hatch,  Haus- 
man,  Herndon,  Hocker,  Hope,  Lutterloh,  Marshall,  Maxwell, 
Milton,  Morgan,  McClellan,  Odom,  Parker,  Parsons, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Rogers,  Sanchez,  Speer,  Wadsworth,  Walker,  Jr.,  Weeks, 
Wellman,  Wilson  of  Polk  and  Manatee,  Wyll}^  and  Yonge 
—46. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Bush, 
Carr,  Challen,  Chandler,  Conover,  Edge,  Fowler,  Genovar, 
Gibbs,  Goss,  Greeley,  Hargret,  Henderson,  Hicks,  Hunter, 
Ives,  Landrum,  Lesley,  Miller,  Mitchell,  McCaskill,  Mc- 
Kinnon,  Neel,  Oliveros,  Orman,  Randall  of  Duval,  Rob  rtson, 
Rowe,  Stone,  Swearingen,  Tedder,  Thompson,  'ioli)ert, 
Tompkins,  Walter,  Westcott,  Wilson  of  Clay  and  Zipperer 
—41. 

So  the  section  was  passed  as  stated. 
Section  25  was  read  and  passed  without  amendment. 
Section  26  was  read  and  passed  without  amendment. 
Section  2T  was  read  and  passed  without  amendment. 
Section  28  was  read. 

Mr.  Mitchell  moved  to  strike  out  section  28  ;  • 
Which  was  not  agreed  to.  ♦ 
Section  28  was  then  passed  without  amendment. 
Section  29  was  read. 

Mr.  Bell,  of  Hamilton,  offered  the  following  amendment : 
Insert  "  2,"  in  first  line,  in  place  of  "  5." 
Mr.  Rogers  offered  to  amend  the  amendment  by  striking  out 
the  word    two  "  and  inserting  "  four  ;" 
Which  was  agreed  to. 

The  amendment  as  amended  was  then  adopted.  •  , 

Mr.  Miller  offered  to  amend  as  follows  : 

Strike  out  all  after  the  word  "  Legislature." 

Mr.  Blount  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to  and  the  amendment  was  adopted. 
The  question  was  then  upon  the  adoption  of  section  29  as 
amended  ;  . 
Which  was  agreed  to  and  section  29  was  so  adopted. 
Section  30  was  read  and  passed  without  amendment. 
Section  31  was  read  and  passed  without  amendment. 
Section  32  was  read  and  passed  without  amendment. 
Section  33  was  read  and  passed  without  amendment. 
Section  34  was  read. 

Mr.  Fowler  moved  to  strike  out  section  34  ; 


464 


Which  was  not  agreed  to. 

Mr.  Orman  offered  the  f dlowing  amendment: 

Insert  after  the  word  "  from  "  the  words  "  long  continued,'^ 
and  strike  out  in  line  four  the  word  retire,"  and  insert  "  re- 
move," and  strike  out  all  of  the  section  after  the  word 
"  Judge  "  in  said  line,  and  insert  in  lieu  thereof  the  words, 
"  and  such  removed  Judge  shall  receive  no  salary  from  the 
date  of  his  removal." 

Mr.  Milton  moved  to  lay  the  amendment  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Blount,  Broome,  Campbell,  Carter,  Challen, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Gibbs, 
Gillis,  (rreeley,  Hausman,  Herndon,  Hocker,  Hunter,  Lesley, 
Lutterloh,  Maxwell,  Milton,  Mitchell,  Morgan,  McCaskill, 
McClellan,  Paterson,  Pelot,  Randall  of  Duval,  Randolph, 
Richard,  Sanchez,  Tompkins,  Walker,  Jr.,  Walter,  Weeks, 
Wellman,  Wilson  of  Polk  and  Manatee,  Wyllv  and  Yonge 
—41. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Blackburn, 
Carr,  Carson,  Chandler,  Conover,  Fowler,  Genovar,  Goss,  Green, 
Hargret,  Hatch,  Henderson,  Hicks,  Landrum,  Lewis,  Miller, 
McKinnon,  Neel,  Odom,  Qliveros,  Orman,  Parker,  Rogers, 
Speer,  Stone,  Swearingen,  Tedder,  Thompson,  Tolbert,  Wads- 
worth,  Westcott,  Wilson  <*f  Clay  and  Zipperer — 36. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Swearingen  offered  to  strike  out  all  after  the  word 
^' judge  "  in  line  4. 

The  motion  was  made  to  lay  the  motion  to  strike  out  on 
the  table ; 

Which  was  agreed  to. 

Mr.  Landrum  offered  to  amend  as  follows  : 

After  the  word  office,"  in  line  7,  insert  "  if  the  Judge 
should  die  before  the  expiration  of  his  term  of  office  his  widow 
shall  draw  his  salary  for  the  unexpired  term." 

Mr.  McClellan  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 

Mr.  Conover  offered  the  following  amendment : 

Provided^  That  any  Judge  holding  office  at  the  time  of  the 
adoption  of  this  Constitution,  whose  appointment  is  for  life, 
and  who  shall  have  attained  the  age  of  sixty-two  years,  shall 
be  retired  by  the  Governor  upon  half  the  salary  of  the  said 
office  during  the  remainder  of  his  life. 

Mr.  Tolbert  moved  to  lay  the  amendment  on  the  table. 


465 


Mr.  McClellan  moved  the  adoption  of  section  34  as  read,  and 
moved  the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  upon  the  adoption  of  the  section. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bethel,  Blount,  Broome,  Campbell,  Carter, 
Challen,  Clark  of  Jackson,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fogarty,  Gibbs,  Giilis,  Greeley,  Hausman,  Hern- 
don,  Hocker,  Hope,  Hunter,  Ives,  Landrum,  Lesley,  Litterloh, 
Maxwell,  Milton,  McCaskill,  McClellan,  Parso  s,  Paterson, 
Pelot,  Randall  of  Daval,  Richard,  Sanchez,  Tompkins,  Walker, 
Jr.,  Walter,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly  and  Yonge — 45. 

Nays — Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton, 
Bennett,  Blackburn,  Bush.  Carr,  Carson,  Chandler,  Fowler, 
Genovar,  Goss,  Green,  Hargret,  Hatch,  Henderson,  Hicks, 
Lewis,  Miller,  Mitcliell,  McKinn  'U,  Neel,  Odom,  Oliveros,  Or- 
man,  Parker,  Randell  of  Madison,  Randolph,  Rogers,  Speer, 
Stone,  Swearingen,  Tedder,  Thompson,  Tolbert,  Wadsworth, 
Westcott  and  Zipperer — 38. 

So  section  34  was  passed  as  stated. 

Mr.  Carter  moved  that  Article  XI,  on  Judiciary  Depart- 
ment, be  engrossed  for  a  third  reading  ; 

Which  was  agreed  to,  and  it  was  so  ordered.  ■ 

ARTICLE  XI. 

JUDICIARY  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested 
in  a  Supreme  Court,  Circuit  Courts,  Criminal  Courts,  Count}^ 
Courts  and  Justices  of  the  Peace. 

Sec.  2.  The  Siipreme  Court  shall  consist  of  three  Associate 
Justices,  who  shall  be  elected  by  the  qualified  electors  of  the 
State  at  the  time  and  places  of  voting  for  members  of  the  Leg- 
islature, and  shall  hold  t  ^eir  office  for  the  term  of  six  years, 
excxjpt  those  first  elected,  one  of  whom,  to  be  designated  by 
lot  in  such  manner  as  they  may  determine,  shall  hold  his  office 
for  two  years,  another  to  be  designated  in  like  manner  for  four 
years,  and  the  third  for  six  years,  so  that  one  shall  be  elected 
ever}^  two  years  after  the  first  election.  A  Chief  Justice  shall 
be  designated  by  lot,  hy  said  Justices,  and  shall  be  such  dur- 
ing his  term  of  office.  The  first  election  for  said  Jugdes  shall 
take  place  at  the  first  election  for  members  of  the  Legislature 
after  the  ratification  of  this  Constitution 

30  ■  ' 


466 


Sec.  3.  No  person  shall  ever  be  appointed  or  elected  as  a 
Judge  of  the  Supreme  Court,  Circuit  Courts  or  Criminal 
Courts  who  is  not  twenty-five  ^^ears  of  age  and  an  attorney 
at  law. 

Sec.  4.  The  majorit}^  of  the  Justices  of  the  Supreme  Court 
shall  constitute  a  quorum  for  the  transaction  of  ail  business. 
The  concurrence  of  two  Justices  shall  be  necessary  to  a  de- 
cision. The  number  of  terms  of  the  Supreme  Court  and  the 
time  of  holding  the  same  shall  be  regulated  by  law.  All  terms 
shall  be  held  at  the  Capital  of  the  State. 

Sec  5  The  Supreme  Court  shall  have  appellate  jurisdiction 
in  all  cases  at  law  and  in  equity  originating  in  Circuit  Courts, 
and  of  appeal  from  the  Circuit  Courts  in  cases  arising  before 
Judges  of  the  County  Courts  in  matters  pertaining  to  their 
probate  jurisdiction  and  in  the  management  of  the  estates  of 
infants,  and  in  cases  of  conviction  of  felony  in  the  criminal 
courts,  and  in  all  criminal  cases  originating  in  the  Circuit 
Courts.  The  court  shall  have  power  to  issue  writs  of  man- 
damus, certiorari,  prohibition,  quo  warranto,  habeas  corpus, 
and  also  all  writs  necessary  or  proper  to  the  complete  exercise 
of  its  jurisdiction.  Each  of  the  Justices  shall  have  [)ower  to 
issue  writs  of  habeas  corpus  to  any  part  of  the  State  upon 
petition  by  or  on  behalf  of  any  person  held  in  actual  custody, 
and  may  make  such  writs  returnable  before  himself  or  the  Su- 
preme Court,  or  any  Justice  thereof,  or  before  any  Circuit 
Judge. 

Sec.  6.  The  Legislature  shall  have  power  to  prescribe  regu- 
lations for  calling  into  the  Supreme  Court  a  Judge  of  the  Cir- 
cuit Court  to  hear  and  determine  any  matters  pending  before 
th-  Court  in  the  place  of  any  Justice  thereof  who  shall  be  dis- 
qualified or  disabled  in  such  case  from  interest  or  other  cause. 

Sec.  7.  The  Supreme  Court  shall  appoint  a  Clerk  who  shall 
have  his  office  at  the  Capital,  and  shall  be  Librarian  of  the  Su- 
preme Court  Library. 

Sec.  8.  There  shall  be  seven  Circuit  Judges,  who  shall  be 
appointed  by  the  Governor  and  confirmed  b}-  the  Senate,  and 
who  shall  hold  their  affice  for  six  years.  The  State  shall  be 
divided  into  seven  Judicial  Circuits,  and  one  Judge  shall  be 
assigned  to  each  Circuit.  Such  Judge  shall  hold  at  least  two 
terras  of  his  court  in  each  count}-  within  his  Circuit  each  year, 
at  such  times  and  places  as  shall  be  provided  by  law,  and  may 
hold  special  terms.  The  Governor  may,  in  his  discretion,  or- 
der a  temporary  exchange  of  Circuits  by  the  respective  Judges, 
or  order  any  Judge  to  hold  one  or  more  terms  or  parts  of  terms 
in  any  other  Circuit  than  that  to  which  he  is  assigned.  The 
Judge  shall  reside  in  the  Circuit  of  which  he  is  Judge.  Succes- 


467 


sors  to  the  present  incumljents  shall  be  appointed  and  coDfirmed 
at  the  first  session  of  the  Legislature  after  the  ratification  of  this 
Constitution. 

Sec.  9.  The  salary  of  the  Chief- Justice  and  Associate  Justices 
of  the  Supreme  Court  shall  be  three  thousand  dollars  per  an- 
num. The  salary  of  each  Circuit  Judge  shall  be  two  thousand 
five  hundred  dollars  per  aunnnro. 

Sec.  li).  TTntii  otherwise  defined  by  the  Legislature  the  sev- 
eral Judicial  Circaits  of  the  Circuit  Courts  shall  be  as  fol- 
lows : 

The  First  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Escambia.  Santa  Rosa,  "VTalton,  Holmes.  "Washington 
and  Jackson. 

The  Second  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Gradsden,  Liberty.  Calhoun.  Franklin.  Leon,  Wakulla 
and  JelTerson. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  -Madison.  Taylor.  Lafayette,  Hamilton,  Suwannee  and 
Columbia. 

The  Fourth  Ju  licial  Circuit  shall  be  composed  of  the  coun- 
ties of  Xassau.  Duval.  Baker,  Bradford,  Cla}'  and  St.  Johns. 

The  Filth  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Putnam.  Alachua,  Levy.  Marion  and  Sumter. 

The  Sixth  Judicial  Circuit  shall  be  composed  of  th^  coun- 
ties of  Hernando.  Hillsborough.  Manatee.  Polk  and  Monroe. 

The  Seventh  Judicial  Circuit  shall  be  composed  of  the 
counties  of  Volusia.  Brevard.  Orange  and  Dade. 

Sec.  11.  The  Circuit  Courts  shall  have  exclusive  jurisdiction 
in  all  cases  in  equity,  also  in  all  cases  at  law,  not  cognizable  by 
inferior  courts,  and  in  all  cases  involving  the  legalitv  of  any 
tax,  assessment  or  toll  ;  of  the  action  of  ejectment  and  of  all 
actions  involving  the  titles  or  boundaries  of  real  estate  and  of 
all  criminal  cases  r^ot  cognizable  bv  inferior  courts  :  and  origi- 
nal jurisdiction  of  actions  of  forcible  entry  and  unlawful  de- 
tainer, and  of  such  other  matters  as  the  Legislature  may  pro- 
vide. They  shall  have  final  appellate  jurisdiction  in  all  civil 
and  criminal  cases  arising  in  the  County  Court,  or  bef  re  the 
County  Judge,  of  all  misdemeanors  tried  in  Criminal  Courts, 
of  judgments  or  sentences  of  any  Mayor's  Court,  and  of  all 
cases  arising  before  Justices  of  the  Peace  in  counties  in  which 
there  is  no  County  Court,  and  supervision  and  appellate  juris- 
dicticm  of  matters  arising  before  County  Judges  pertaining  to 
their  probate  jurisdiction  or  to  the  estates  and  interests  of  min- 
ors, and  of  such  other  matters  as  the  Legislature  may  provide. 
The  Circuit  Courts  and  Judges  shall  have  power  to  issue  writs 
of  mandamus,  injunction,  quo  warranto,  certiorari,  prohibition, 


468 


habeas  corpus  and  all  writs  proper  and  necessary  to  the  com-  | 
plete  exereise  of  their  jurisdiction.  : 
Sec.  12.  The  Circuit  Courts  and  Circuit  Judges  may  have  ' 
such  extra  territoria  jurisdiction  in  chancery  cases  as  may  be  j 
provided  by  law,  "  \ 

Sec.  13.  It  shall  be  the  duty  of  the  Judges  of  the  Circuit  j 
Courts  to  report  to  the    Attorney- General  at    least  thir- 
ty days  before  each  session  of  the  Legislature  such  defects  in 
the  laws  as  may  have  been  brought  to  their  attention  and  to  I 
suggest  such  amendments  or  additional  Legislation  as  may  be  j 
deemed  necessary.    The  Attorney-General  shall  report  to  the  \ 
Legislature  at  each  session  such  Legislation  as  he  may  deem 
advisable.  \ 
Sec.  14.  A  Circuit  Judge  may  appoint  in  each  county  in  his  | 
Circuit  one  or  more  attorneys  at  law,  to  be  Court  Commis- 
sioners   who   shall   have    power   in  the  absence  from  the 
county  of  the  Circuit  Judge,  to  allow  writs  of  injunction  and 
to  issue  writs  of  habeas  corpus,  returnable  before  himself  or 
the  Circuit.  Judge.    Their  orders  in  such  matters  may  be  re- 
viewed by  the  Circuit  Judge,  and  confirmed,  qualified  or  va-  ' 
cated.     They  may  be  removed  by  the  Circuit  Judge.  The^ 
Legislature  may  confer  upon  them  further  powers,  not  judi- 
cial, and  shall  fix  their  compensation. 

Sec.  15.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  a  State  Attorney  in  each  Judicial 
Circuit,  whose  duties  shall  be  prescribed  by  law.  He  shall  I 
hold  office  for  four  years.  There  shall  be  elected  in  each  coun- 
ty  a  Sheriff,  and  a  Clerk  of  the  Circuit  Court,  who  shall  also 
be  Clerk  of  the  County  Court,  except  in  counties  where  there 
are  Criminal  Courts,  and  of  the  Board  of  County  Commission- 
ers, Recorder  and  ex-officio  Auditor  of  the  County,  each  of 
whom  shall  hold  his  office  for  four  years.  Their  duties  shall 
be  prescribed  by  law. 

Sec.  16.  There  shall  be  in  each  county  a  County  Judge,  who 
shall  be  elected  by  the  qualified  electors  of  said  county  at  the 
time  and  places  of  voting  for  members  of  the  Legislature  and  I 
shall  hold  his  office  for  four  years.    His  compensation  shall  be  \\ 
provided  by  law.  \ 
Sec  11.  The  County  Judge  shall  have  original  jurisdiction  \ 
in  all  cases  at  law  in  which  the  demand  or  value  of  property  \\ 
involved  shall  not  exceed  one  hundred  dollars  ;  of  proceed-  i 
ings  relating  to  the  forcible  entry  or  unlawful  detention  of  |- 
lauds  and  tenements,  and  of  such  criminal  cases  as  the  Legisla- 
ture may  provide.    The  C(  unty  Judge  shall  have  jurisdiction  i 
of  the  settlement  of  the  estates  of  decedents  and  minors,  to  ! 
order  the  sale  of  real  estate  of  minors,  to  take  probate  of  wills,  i 


469 


to  grant  letters  testamentary  and  of  administration  and  guar- 
dianship and  to  discharge  the  duties  usually  pertaiaing  to 
courts  of  probate.  He  shall  have  the  power  of  a  committing 
magistrate  and  shall  issue  all  licenses  required  by  law  to  be 
issued  in  the  county. 

Sec.  18.  The  Legislature  may  organize  in  such  counties  as 
it  may  think  proper,  County  Courts,  which  shall  have  juris- 
diction of  all  cases  at  law  in  which  the  demand  or  value  of  the 
property  involved  shall  not  exceed  five  hundred  dollars  ;  of 
proceedings  relating  to  the  forcible  entry  or  unlawful  deten- 
tion of  lands  and  tenements,  and  of  misdemeanors,  and  final 
appellate  jurisdiction  in  civil  cases  arising  in  the  Courts  of 
Justices  of  the  Peace.  The  trial  of  such  appeals  may  be  de 
novo  at  the  option  of  appellant.  The  Cuunt}^  Judge  shall  be 
the  Judge  of  said  Court.  There  shall  be  elected  by  the  quali- 
fied electors  of  said  county,  at  the  time  when  the  said  Judge 
is  elected,  a  Prosecuting  Attorney  for  said  county,  who  shall 
hold  office  for  four  years.  His  duties  and  compensation  shall 
be  provided  by  law.  Such  courts  may  be  abolished  at  the 
pleasure  of  the  Legislature. 

Sec.  19.  When  any  civil  case  at  law  in  which  the  Judge  is 
disqualified  shall  be  called  for  trial  in  a  Circuit  or  County 
Court  the  parties  may  agree  upon,  or  in  case  the}^  do  not  agree, 
the  Clerk  of  the  Court  shall  designate  an  attorney  at  law,  who 
shall  be  Judge  ad  litem^  and  shall  preside  over  the  trial  of  and 
make  orders  in  said  cause  as  if  he  were  Judge  of  the  Court. 
The  parties  may,  however,  transfer  the  cause  to  another  Cir- 
cuit Court  or  County  Court,  as  the  case  may  be,  or  may  have 
the  case  referred  to  a  referee. 

Sec.  20.  Any  civil  cau^^ie  maybe  tried  before  a  practicing  at- 
torney as  referee  upon  the  application  of  the  parties  and  an 
order  from  the  court  in  whose  jurisdiction  the  case  may  be, 
authorizing  such  trial  and  appointing  such  referee.  Such 
referee  shall  keep  a  complete  record  of  the  case,  including 
the  evidence  taken,  and  such  record  shall  be  filed  with  the 
papers  in  the  case  in  the  office  of  the  clerk,  and  such  cause 
shall  be  subject  to  an  appeal  in  tlie  manner  prescribed  by  law. 

Sec.  21.  The  County  Commissioners  of  each  county  shall 
divide  it  into  as  many  Justice  Districts,  not  less  than  two,  as 
they  may  deem  necessary.  There  shall  be  elected  one  Justice 
of  the  Peact-  for  each  of  said  districts.  He  shall  hold  his  office 
for  four  3^ears. 

Sec.  22.  Every  Justice  of  the  Peace  shall  have  jurisdiction 
in  cases  at  law  in  which  the  demand  or  value  of  the  property 
involved  does  not  exceed  fifty  dollars  and  in  which  the  cause 
of  action  accrued,  or  the  defendant  resides,  in  his  district.  He 


470 


shall  have  power  to  issue  process  for  the  arrest  of  persons 
charged  with  crime,  and  to  make  the  same  returnable  before 
himself  or  the  County  Judge  for  examination  and  discharge, 
commitment  or  bail  of  the  accused.  He  shall  have  power  to 
hold  inquests  of  the  dead. 

Seo.  23.  A  Constable  shall  be  elected  by  the  registered 
voters  in  each  Justice's  District,  who  shall  perform  such  duties 
and  under  such  instructions  as  may  be  prescribed  by  law. 

Sec.  24.  There  shall  be  establisned  in  each  of  the  counties  of 
Duval  and  Escambia,  and  upon  application  of  a  majority  of 
the  freeholders  in  such  other  counties  as  the  Legislature  may 
deem  expedient,  a  Criminal  Court  of  Record,  and  there  shall 
be  one  Judge  for  each  of  said  Courts,  who  shall  hold  his  office 
for  four3^ears  and  whose  salary  shall  be  one  thousand  dollars 
per  year,  the  counties  paying  the  salaries. 

Sec.  25.  The  said  Courts  shall  have  jurisdiction  of  all  crimi- 
nal cases  not  capital  which  shall  arise  in  said  counties  respec- 
tively. 

Sec.  26.  There  shall  be  six  terms  of  said  courts  in  each 
year. 

Sec.  21.  There  shall  be  for  each  of  said  Courts  a  Prosecut- 
ing Attorney  who  shall  be  appointed  by  the  Governor  and 
confirmed  b^^  the  Senate  and  who  shall  hold  his  office  for  four 
years.    His  compensation  shall  be  fixed  by  law. 

Sec.  28.  All  offen-es  triable  in  said  Court  shall  be  prosecut- 
ed upon  information  under  oath  to  be  filed  by  the  prosecuting 
attorney,  but  the  grand  jury  of  the  Circuit  Court  for  the  coun- 
ty in  which  said  Criminal  Court  is  held  may  indict  for  offenses 
triable  in  the  Criminal  Court.  Upon  the  finding  of  such  in- 
dictment the  Circuit  Judge  shall  comn  it  or  bail  the  accused 
for  trial  in  the  Criminal  Court,  which  trial  shall  be  upon  in- 
formation. 

Sec.  29.  The  County  Courts  in  said  counties  shall  have  no 
criminal  jurisdiction  and  no  Prosecuting  Attorney. 

Seo.  30.  The  Clerk  of  said  Court  shall  be  elected  by  the 
electors  of  the  county  in  which  the  Court  is  held  and  shall  hold 
his  office  for  four  years  and  his  compensat  on  shall  be  fixed  by 
law.  He  shall  also  be  Clerk  of  the  County  Court.  The  Sher- 
ifl:'  of  the  County  shall  be  the  executive  officer  of  said  Court 
and  his  duties  and  fees  shall  be  fixed  by  law. 

Sec.  81.  The  State  Attorney  residing  in  the  county  where 
such  court  is  held  shall  be  eligible  for  appointment  as  County 
Solicitor  for  said  county. 

Sec.  32.  Such  courts  may  be  abolished  by  the  Legislature. 

Sec.  33.  When  the  office  of  any  Judge  shall  become  vacant 
from  any  cause  the  successor  to  fill  such  vacancy  shall  be  ap- 


471 


pointed  or  elected  only  for  the  unexpired  term  of  the  Judge 
whose  death,  resignation  retirement  or  other  cause  created 
such  vacancy. 

Sec.  3-4.  The  Legislature  may  establish  in  inc  n-porated  towns 
and  cities  courts  for  the  punishment  of  offences  against  muni- 
cipal ordinances. 

Sec.  35.  Xo  courts  other  than  those  herein  specified  shall 
be  organized  in  this  State. 

Sec.  36.  All  judicial  officers  in  this  State  shall  be  conserva- 
tors of  the  peace. 

Sec.  37.  The  style  of  all  process  shall  be  the  State  of 
Florida."  and  all  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authority  of  the  State. 

Sec.  38.  When  any  Judge  of  the  Supreme  or  Circuit  Courts 
of  this  State  now  in  office,  or  hereafter  to  be  elected  or  ap- 
pointed, shall  become  disabled  at  any  time  during  his  term  of 
office,  from  sickness,  mental  disorder,  or  advanced  age.  to  dis- 
charge the  duties  of  his  office,  the  Grovernor  may.  by  and  with 
the  consent  of  the  Senate,  retire  such  Judge ;  and  such  retired 
Judse  shall,  from  the  date  of  his  retirement,  and  for  the  resi- 
due of  his  unexpired  term  of  office,  receive  annually  a  salary 
to  the  extent  of  one-half  the  annual  salary  to  which  he 
would  have  been  entitled  by  law  had  he  continued  in  office. 
Any  Judge  thus  retired  shall  be  disqualified  from  the  date  of 
his  retirement  from  discharging  or  performing  any  of  the 
powers  or  duties  of  his  office. 

Sec.  39.  The  number  of  jurors  for  the  trial  of  causes  in  any 
court  may  be  fixed  b}'  law,  but  shall  not  be  less  than  six  in 
any  case. 

Mr.  Chandler  offered  the  following  minority  report  on  Cen- 
sus and  Apportionment : 

CoxvEXTiox  Hall,  Tallahassee,  Fla..  July  25,  1885. 

Hon.  Samuel  Pasco. 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Census  and  Apportionment  to 
whom  was  referred — 

The  apportionment  of  members  of  the  Legislature  of  the 
State  recommend  the  following  report  on  the  subject  of  appor- 
tionment : 

There  shall  be  thirty-two  Senatorial  Districts,  each  entitled 
to  one  Senator,  which  Districts  shall  be  designated  by  their 
respective  numbers,  from  one  to  thirty-two  inclusive,  as  follows  : 
The  First  Senatorial  District  shall  be  composed  of  Escambia 
county,the  Second  of  Santa  Rosa  and  Walton  counties,the  Third 
of  Jackson,  the  Fourth  of  Washington  and  Holmes,  the  Fifth  of 


472 


Calhoun  and  Franklin,  the  Sixth  of  Gadsden,  the  Seventh  of 
Liberty  and  Wakulla,  the  Eighth  of  Leon,  the  Ninth  of 
Jefferson,  the  Tenth  of  Madison,  the  Eleventh  of  Hamilton, 
the  Twelfth  of  Taylor  and  Lafayette,  the  Thirteenth  of 
Alachua,  the  Fourteenth  of  Columbia,  the  Fifteenth  of  Brad- 
ford, the  Sixteenth  of  Nassau,  the  Seventeenth  of  Putnam, 
the  Eighteenth  of  Duval,  the  Nineteenth  of  Marion,  the 
Twentieth  of  Orange,  the  Twenty-first  of  Dade  and  Brevard, 
the  Twenty-second  of  Hernando,  the  Twenty-third  of  Sumter, 
the  twenty-fourth  of  Monroe,  the  Twenty-fifth  of  Polk,  the 
Twenty-sixth  of  Suwannee,  the  Twenty-seventh  of  Man.itee, 
the  twenty-eighth  of  Clay  and  Baker,  the  Twenty-ninth 
of  Volusia,  the  Thirtieth  of  Hillsborough,  the  Thirty- 
first  of  St.  Johns  and  the  Thirty-second  of  Levy. 

The  House  of  Representatives  shall,  until  the  second  ap- 
portionment under  this  Constitution,  consist  of  sixty-eight 
members.  At  the  second  apportionment  it  may  be  increased 
to  seventy-six.  The  Legislature  at  its  first  session  shall  ap- 
portion the  members  of  the  House  of  Representatives  among 
the  several  counties  according  to  their  population,  taking  the 
census  of  1885  as  a  basis.  The  ratio  of  representation  for  the 
House  shall  always  be  ascertained  by  dividing  the  total  popu- 
lation of  the  State  by  the  number  of  which  the  House  is  to 
consist,  rejecting  fraction,  if  any,  resulting  from  such  division, 
but  every  county  shall  have  at  least  one  Representative.  The 
additional  representatives  necessary  to  make  up  the  number  of 
which  the  House  is  to  consist  shall  be  assigned  to  those  coun- 
ties having  the  largest  fractions  unrepresented. 

Very  respectfully, 

H.  W.  Chandler, 
H.  C.  Baker. 

Which  was  ordered  spread  upon  the  Journal. 

Mr.  Blount  offered  the  following  substitute  for  Article 
XIV,  on  Suffrage  and  Eligibility; 

Which  was  ordered  spread  upon  the  Journal. 

ARTICLE  XIV. 

SUFFRAGE  AND  ELIGIBILITY. 

Section  1.  Every  male  person  of  the  age  of  twenty-one 
years  and  upwards,  who  shall,  at  the  time  of  registration, 
be  a  citizen  of  the  United  States,  or  who  shall  have  declared 
bis  intention  to  become  such  in  conformity  to  the  laws  of  the 
United  States,  and  who  shall  have  resided  and  had  his  habita- 
tion, domicile,  home  and  place  of  permanent  abode  in  Florida 


478 


for  one  year,  and  in  the  countv  for  sis  months,  and  shall  have 
paid  his  poll  tax  for  the  year  in  which  such  election  shall  be 
held  and  for  the  year  preceding,  if  he  was  then  subject  to  such 
tax,  shall  in  such  countj^  be  deemed  a  qualified  elector  at  all 
elections  under  this  Constitution. 

Sec.  2.  All  poll  taxes  shall  be  payable  on  the  first  day  of 
January  of  each  year.  Upon  the  payment  of  any  poll  tax  the 
Tax  Collector  shall  give  a  receipt  therefor,  sealed  with  a  seal 
to  be  provided  for  that  purpose,  and  shall  register  the  name 
and  election  precinct  of  the  person  paying  such  tax.  He  shall 
at  each  election  furnish  to  the  inspectors  of  election  of  each 
precinct  a  certified  list  of  the  qualified  voters  of  that  precinct, 
and  no  person  shall  be  allowed  to  vote  unless  his  name  sha  1  be 
on  such  certified  list,  or  he  shall  exhibit  his  poll  tax  receipt  to 
the  inspectors  of  election. 

bEC.  3.  Every  elector  shall,  at  the  time  of  his  registration, 
take  and  subscribe  to  the  following  oath:  "I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitu- 
tion of  the  United  States  and  of  the  State  of  Florida,  that  I 
am  twenty-one  years  of  age.  au'l  have  been  a  resident  of  the 
State  of  Florida  for  twelve  months  and  of  this  county  six 
months,  and  I  am  qualified  to  vote  under  the  Constitution  of 
the  State  of  Florida.'" 

Sec.  4.  Xo  person  shall  vote  except  in  the  election  precinct 
in  which  he  appears  by  the  register  to  reside ;  but  the  Legis- 
lature shall  provide  an  easy  method  of  changing  the  register 
so  as  to  conform  to  an  actual  change  of  residence  from  one 
precinct  to  another. 

Mr.  Miller  gave  the  following  notice  : 

That  he  would  move  on  Monday  to  reconsider  the  vote  by 
which  section  34  of  Article  XI  was  ^uiopted. 

On  motion  of  Mr.  McClellan.  the  Convention  adiourned  un- 
til 9  o'clock  A.  M.  Monday.   ■  ' 


FORTIETH  DAY. 


MONDAY,  July  27,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 


474 


Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  B  thel,  Blackburn,  Blount, 
Broome,  Bu^h,  Caner,  Carson,  Challen,  Chandler,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Grenovar,  Gibbs, 
Gillis,  Goss,  Greele3^  Green,  Hargret,  Hatch,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Jones,  Landrum,  Lesley,  Lewis, 
Love,  Lutterloh,  Malone,  Mann,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Speer, 
Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  TurnbuU,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks, 
Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 98. 

A  quorum  present. 

Prayer  by  the  Chaplain, 

Mr.  W-ilter  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 
Mr.  Campbell  was  excused  for  the  day. 

The  following  resolution  offered  by  Mr.  Turnbull  came  up 
for  consideration : 

Resolved^  That  this  Convention  do  adjourn  sine  die  on  next 
Saturday,  August  1st,  1885,  at  12  o'clock  M. 

Mr.  Cook  offered  to  amend  by  inserting  "  Friday  "  instead 
of  "Saturday * 

Which  was  accepted  by  Mr.  Turnbull. 

Mr.  Wilson,  of  Polk,  moved  to  lay  the  resolution  on  the 
table ; 

Which  was  agreed  to  and  the  resolution  was  laid  on  the 
table. 

The  roll  of  counties  was  called  and  the  following  reports 
submitted : 

Mr.  Pelot,  Chairman  of  the  Committee  on  Schedule,  made 
the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  27,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Schedule  would  respectfully  report 
that  they  have  had  under  careful  consideration  all  such  matters 


475 


as  pertained  to  their  work,  and  have  embodied  in  the  Article 
herewith  submitted  such  as  the}'  conceived  proper  to  be  in- 
serted therein,  and  would  recommend  its  adoption  b}^  the  Con- 
vention. 

Yery  respectful}}', 

J.  C.  Pelot, 
Chairman  of  Committee. 
Which  was  received  and  placed  among  the  orders  of  the 
da}'. 

ARTICLE  XO.  — . 

SCHEDULE. 

Sectiox  1.  The  Constitution  adopted  in  1868,  with  amend- 
ments thereto,  is  declared  to  be  superceded  by  this  Constitu- 
tion, and  it  is  ordained  :  That  all  rights,  actions,  claims  and 
contracts,  both  as  respects  individuals  or  bodies  corporate, 
shall  continue  to  be  as  valid  as  if  this  Constitution  had  not 
been  adopted.  And  all  fines,  taxes,  penalties  and  forfeitures 
due  and  owing  to  the  State  of  Florida  under  the  present  Con- 
stitution shall  inure  to  the  use  of  the  State  under  this  Consti- 
tution. 

Sec.  2.  All  laws  now  in  force  not  inconsistent  with  this  Con- 
stitution shall  continue  in  force  until  they  shall  expire  by  their 
own  limitation  or  be  repealed  by  the  Legislature. 

Sec.  3.  All  persons  holding  any  office  or  appointment  at  the 
ratification  of  this  Constitution  shall  continue  in  the  exercise 
of  the  duties  thereof,  according  to  their  respective  commissions 
or  appointments,  and  until  their  successors  are  elected  and 
qualified,  unless  by  this  Constitution  otherwise  provided. 

Sec.  4.  Xothing  contained  in  this  Constitution  shall  operate 
to  vacate  the  office  of  Lieutenant-Governor  until  the  expira- 
tion of  his  present  term. 

Sec.  5.  All  vacancies  occurring  by  limitation  of  terms  be- 
fore the  general  elections  in  1888  shall  be  filled  as  now  pro- 
vidtz  d  for  by  law. 

Sec.  6.  The  term  of  office  for  all  appointees  to  fill  vacancies 
in  any  of  the  elective  offices  shall  extend  only  to  the  election 
and  qualification  of  a  successor  at  the  ensuing  general  elec- 
tion. 

Sec.  T.  In  all  cases  of  elections  to  fill  vacancies  in  office 
such  election  shall  be  for  the  unexpired  term. 

Sec  8.  Upon  the  ratification  of  this  Constitution  the  Com- 
missioner of  Lands  and  Immigration  shall  assume  the  office 
of  Commissioner  of  Agriculture,  and  his  duties  as  such  shall 
be  prescribed  by  the  first  Legislature  assembled  under  this 
Constitution. 


• 


476 


Sec.  9.  A  general  election  shall  be  held  in  each  county  in 
this  State  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember, 1888,  and  ever3^  two  years  thereafter,  for  all  elective 
State  and  county  officers  whose  terms  of  office  are  about  to 
expire,  or  for  any  office  which  shall  have  become  vacant. 

Sec.  10.  The  first  election  for  County  Judge,  Clerk  of  the 
Court,  Sheriff,  Tax  Assessor,  Tax  Collector,  County  Treas- 
urer, County  Superintendent  of  Public  Instruction,  County 
Surveyor  and  Constables,  shall  be  at  the  general  election  in 
1888. 

Sec.  11.  It  shall  be  the  duty  of  the  President  of  this  Conven- 
tion immediately  on  its  adjournment  to  certif}^  to  the  Grov- 
ernor  a  copy  of  this  Constitution,  signed  by  the  members  of 
this  Constitution. 

Sec.  12.  Upon  receipt  of  such  certified  copy  the  Governor 
shall  forthwith  announce  the  fact  by  proclamation,  to  be  pub- 
lished in  such  newspapers  in  this  State  as  may  be  deemed 
requisite  for  general  information,  and  five  printed  copies  of  such 
Constitution  shall,  by  the  Secretary  of  State,  be  transmitted 
to  the  Cleik  of  the  Court,  and  five  to  the  County  Judge  of 
each  county,  which  shall  be  kept  on  file  in  their  respective 
offices  for  examination  by  any  person  desiring  the  same. 

Sec.  13.  This  Constitution  shall  be  submitted  to  the  people 
of  the  State  of  Florida  for  ratification  on  the  first  Tuesday  af- 
ter the  first  Monday  in  November,  1886,  and  it  shall  require  a 
majority  of  the  votes  cast,  the  ballots  of  which  shall  have 
written  or  printed  upon  them  the  words,  "  For  the  Constitu- 
tion," or  "  Against  the  Constitution,"  to  determine  its  ratifi- 
cation or  rejection. 

Sec.  14.  At  such  electi(m  each  qualified  elector  shall  ex- 
press his  assent  or  dissent  to  this  Constitution  by  having 
written  or  printed  upon  the  ticket  which  he  shall  vote  the 
words,  "  For  the  Constitution,"  or  "  Against  the  Constitution," 
such  election  being  the  subject  of  the  same  regulations  and 
restrii  tions  as  are  now  provided  for  by  law.  And  in  case  of 
its  ratification  b}^  the  people,  the  Governor  shall  forthwith 
cause  proclamation  to  be  made  of  the  fact,  and  it  shall  go  into 
effect  on  the  first  day  of  January,  1887. 

Mr.  Oliveros,  Chairman  of  the  Committee  on  Enrollment 
and  Engrossment,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  25,  1885. 
Hon.  Samuel  Pasco, 

F resident  of  the  Convention  : 
Sir:  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 


r 


477 


Article  IT,  on  Constitutional  Amendments,  and  Article  Xo. 
8,  in  Relation  to  Cities  and  Counties,  have  examined  and  com- 
pared the  same  and  find  them  correctly  engrossed. 
Very  respectfully, 

B.  F.  Oliveros,  Chairman. 
Theodore  Randell, 
Samuel  E.  Hope, 

Committee. 

Which  was  read. 
Also  the  following  : 

Convention  Hall,  Tallahassee,  Fla.,  July  27,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 

Article  No.  6,  on  Homesteads,  and  Article  No.  16,  on  Miscel- 
laneous Provisions, 

Beg  to  report  that  they  have  examined  and  compared  the 
same,  and  find  them  correctly  engrossed. 

Yer}^  respectful  l}^, 

B.  F.  Oliveros,  Chairman. 
Samuel  E.  Hope, 
Theodore  Randell, 

Committee. 

Which  was  read. 

Mr.  Couover  offered  the  following  resolution: 

Resolved.  That  hereafter  the  calling  of  the  list  of  committees 
be  dispensed  with  ; 

Which  was  agreed  to. 

Article  YI,  on  Homestead,  came  up  for  consideration  on  its 
third  reading. 

Mr.  Oliveros  moved  to  strike  out  section  6. 
The  yeas  and  naj^s  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount.  Broome? 
Carter,  Challen,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Geuovar,  Gillis, 
Green,  Hatch,  Hausman,  Hendley,  Henderson,  Herudon,  Hicks, 
Hocker,  Hope,  Hunter,  Jones,  Landrum,  Lesley,  Love,  Ma- 
lore,  Maxwell,  Milton,  Morgan,  McCaskill,  McClellan,  Mc- 
Kinnon.  Neel,  Odom,  Oliveros,  Orman,  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,   Roger.-r,  Sanchez,  Scott,  Speer,  Stone, 


478 


Swearinoen,  Taylor,  Tedder,  Tolbert,  TurnbuU,  Walter, 
Weeks,  Weliman,  Wilson  of  Clay,  yVilson  of  Polk  and  Mana- 
tee, Wylly,  Yonge  and  Zipperer — 69. 

'^ays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bush,  Carson,  Chandler,  Conover,  Davidson,  Fow- 
ler, Gibbs,  Gross,  Greeley,  Hargret,  Ives,  Lewis,  Lutterloh,  Mil- 
ler, Mitchell,  Parker,  Petty,  Rowe,  Thompson,  Tompkins, 
Walker,  Jr.,  and  Westcott — 25. 

So  the  motion  to  strike  out  was  agreed  to. 

The  question  was  then  upon  the  final  passage  of  Article  YI. 

Th3  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Bush, 
Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Greeley, 
Green,  Hatch,  Hausman,  Hendley,  Henderson,  Herndon, 
Hicks,  Hocker,  Hope,  Hunter,  Ives,  Jones,  Landrum,  Lesley, 
Lewis,  Love,  Lutterloh,  Malone,  Milton,  Morgan,  Neel,  Odom, 
Oliveros,  Orman,  Parker,  Paterson,  Pelot,  Randell  of  Madi- 
son, Randolph,  Richard,  Robertson,  Rowe,  Sanchez,  Scott, 
Speer,  Stone,  Swearingen,  Tedder,  Tolbert,  Tompkins,  Turn- 
bull,  Wadsworth,  Walker,  Jr.,  Weeks,  Westcott,  Wilson  of 
Clay,^  Wilson  of  Polk  and  Manatee,  Wylly  and  Zipperer — 68. 

i^^ays — Messrs.  Blount,  Broome,  Challen,  Chandler, 
Coker,  Conover,  Cook,  Fowler,  Gibbs,  Oillis,  Goss,  Har- 
gret, Miller,  Mitchell,  McCaskill,  McClellan,  McKinnon, 
Parsons,  Randall  of  Duval,  Rogers,  Taylor,  Walter,  Well- 
man  and  Yonge — 24. 

So  the  Article  was  passed  as  stated. 

Article  XYII,on  Amendments  to  the  Constitution,  was  read 
a  third  time. 

Mr.  Westcott  moved  to  amend  section  1  by  striking  out  the 
words  "two-thirds"  and  inserting  the  word  "majority"  in 
lieu  thereof. 

Mr.  Love  moved  to  lay  the  motion  to  amend  on  the  table. 
The  3^eas  and  nays  were  called. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis, 
Duncan,  Edge,  Fogarty,  Genovar,  Gillis,  Green,  Hatch,  Haus- 
man, Hendley,  Jones,  Landrum,  Love,  Lutterloh,  Malone,  Mil- 
ton, Mitchell,  Morgan,  McCaskill,  McClellan,  McKinnon,  Neel, 
Odom,  Orman,  Parker,  Parsons,  Paterson,  Randell  of  Madi- 
son, Randolph,  Richard,  Robertson,  Scott,  Speer,  Stone,  Swear- 


479 


ingen,  Waclsworth,  Weeks,  Wellmau,  Wilson  of  Clay  and 
Yonge — 50. 

Nays — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Blackburn,  Blount,  Bush,  Carter, 
Challen,  Chandler,  Earle,  Fowler,  Gibbs,  Goss,  Greele3%  Har- 
gret,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hunter,  Ives, 
Lesle}^,  Lewis,  Miller.  Oliveros,  Pelot.  Petty,  Randall  of  Duval, 
Rogers,  Rowe,  Sanchez,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Turnbull,  Walker,  Jr.,  Walter,  Westcott,  AVilson 
of  Polk  and  Manatee,  Wjdlj-  and  Zipperer— 45. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Taylor  moved  to  amend  Section  1  as  follows : 

Inline  T  of  Section  1,  afcer  the  word  ^'voting"  insert 
"  upon  such  amendment ;" 

Which  was  agreed  to  and  the  amendment  was  adopted. 
Mr.  Rogers  offered  to  amen^i  Section  2  as  follows  : 

Add  after  the  word  Representatives."  in  6th  line,  ''and  in 
such  counties  where  no  newspaper  is  published,  notice  shall  be 
given  by  posting  at  the  several  polling  precincts  in  such  coun- 
ties for  six  weeks  next  preceding  said  election." 

Mr.  Paterson  moved  to  la}^  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  amendment ; 
Which  was  agreed  to,  and  the    amendment    vv^as  declared 
adopted. 

Mr.  Sanchez  offered  the  following  substitute  for  section  1 : 

Section  1.  Ei  her  branch  of  the  Legislature,  at  a  regular 
session  thereof,  ma}^  propose  amendments  to  this  Constitu- 
tion, and  if  the  same  be  agreed  to  by  a  m-gority  of  all  the 
members  elected  to  each  House  such  proposed  amendments 
shall  be  entered  upon  their  respective  Journals,  with  the  yeas 
and  naj^s,  and  referred  to  the  Legislature  then  next  to  be 
chosen,  and  shall  be  published  for  three  months  next  preced- 
ing the  Lime  of  making  such  choice;  and  if  at  the  Legislature 
next  chosen,  as  aforesaid,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  b}^  a  majorit\^  vote  of  all  the 
members  elected  to  each  House,  then  it  shall  be  tne  duty 
of  the  Legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  people  in  such  manner  an  !  at  such  time  as 
the  Legislature  ma}^  prescribe,  and  if  the  })eople  approve  and 
ratify  such  amendment  or  amendments  by  a  majority  of  the 
electors  voting  upon  such  amendment  at  such  election  shall 
adopt  such  amendment  the  same  shall  become  a  part  of  the 
Constitution.    Such  proposed  amendments  shall  be  submitted 


480 


so  as  to  enable  the  electors  to  vote  on  each  amendment 
separately. 

Mr.  Randolph  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Wilson,  of  Polk  and  Manatee,  offered  to  amend  Section 
1  as  follows  : 

Strike  out  "  two-thirds  "  in  line  3,  Section  1,  and  insert 
"  three-fifths." 

Mr.  Hendley  moved  to  lay  the  amendment  on  the  table ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amend- 
ment ; 

Which  was  agreed  to,  and  the  amendment  was  adopted. 
Mr.  Taylor  moved  to  amend  Section  2  as  follows  : 

Strike  out  all  after  tiie  word  "revision"  in  tth  line,  and  in- 
sert in  lieu  thereof  the  following :  ''The  Judges  of  the  Su- 
preme Court  and  the  Governor  shall  appoint  a  commission  to 
consist  of  nineteen  members  to  be  chosen  from  the  State  at 
large  to  revise  the  Constitution,  said  Commission  to  complete 
their  labors  within  six  months  after  their  appointment,  and 
the  pay  of  said  Commission  shall  not  exceed  two  hundred  and 
fifty  dollars  for  each  member  thereof,  and  the  Constitution  as 
revised  by  such  Commission  shall  be  submitted  to  the  people 
for  ratification  at  the  next  general  election  after  its  comple- 
tion by  such  Commission.  One  hundred  copies  of  this  Con- 
stitution as  revised  by  such  Commission  shall  be  sent  to  the 
Clerk  of  the  Circuit  Court  in  each  county  in  the  State  for 
general  distribution." 

Mr.  Lesley  offered  to  amend  the  amendment  as  follows  : 

Strike  out  ''  members  "  and  insert  lawyers." 

Which  upon  motion  was  laid  upon  the  table. 

Mr.  Sanchez  moved  to  lay  the  amendment  on  the  table. 

Which  was  agreed  to. 

Mr.  Mitchell  offered  to  amend  section  2  as  follows  : 

Add  after  *'  law,"  in  9th  line,  "  and  the  Constitution  so 
framed,  revised  or  amended,  shall  be  submitted  to  the  quali- 
fied voters  for  ratification  and  adoption." 

Which  was  not  agreed  to. 

Mr.  Randall  moved  to  adopt  Article  XYII  as  amended  and 
moved  the  previous  question. 

The  previous  question  was  ordered. 

Article  XYII  was  again  read  twice  and  put  upon  its  pas- 
sage. 

The  yeas  and  nays  were  called  for. 


481 


The  vote  was  : 

Yeas^ — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Blackburn,  Blount,  Carter,  Chand- 
ler, Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Giliis,  Goss,  Green,  Hargret,  Hatch,  Haus- 
man,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hunter, 
Jones,  Landrum,  Love.  Lutterloh,  Maxwell,  Milton,  Morgan, 
McCaskill,  McClellan,  McKinuon,  Xeel.  Odom,  Oliveros,  Or- 
man,  Parker,  Parsons,  Paterson.  Pelot.  Randall  of  Duval,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Robertson,  Rogers,  Rowe, 
Sanchez,  Scott,  Speer,  Stone,  Swearingen,  Ta3'lor,  Tedder, 
Thompson,  Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Walker, 
Jr.,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and 
Manatee,  Wylly,  Yonge  and  Zipperer — 80. 

Xays — Messrs.  Bush,  Challen.  Miller,  Mitchell,  Petty  and 
Walter— 6. 

So  Article  XYII  was  passed  as  stated. 

The  following  report  by  the  Sergeant-at-Arms  was  read  : 

Convention  Hall,  Tallahassee.  Fla.,  July  26,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Coni-e'ntion  : 

I  respectfully  state  to  the  Convention  in  answer  to  the  fol- 
lowing : 

Mr.  Challen  offered  the  following  resolution  : 

Resolved^  That  the  Sergeant-at-Arms  be  instructed  to  make 
a  thorough  examination  of  the  roof  of  the  Capitol  and  of  the 
cisterns  from  which  the  water  used  by  the  Convention  is  ob- 
tained, and  if  the  water  is  found  to  be  impure  that  he  furnish 
pure  water  from  some  other  source. 

The  drinking  water  furnished  for  the  use  of  the  members  of 
the  Convention  is  not  gotten  from  the  cisterns  about  the  Cap- 
itol, but  from  a  well  of  pure,  wholesome  water. 

The  gardener  to  the  Capitol  has  been  ordered  not  to  give 
the  janitor  the  key  and  it  is  impossible  for. him  to  get  the  cis- 
tern water.  I  am  respectfulh', 

J.  J.  Thompson, 

Sergeant-at-Arms. 

Mr.  Randall,  of  Duval,  otTered  the  following  additional  sec- 
tion, to  be  added  to  Article  XYI,  on  Miscellaneous  Pro- 
visions : 

Lands  sold  under  any  judgment  or  decree  for  the  payment 
of  money  may  be  redeemed  from  such  sale  by  the  legal  or 
31 


482 


equitable  owner  of  the  whole  or  any  part  thereof,  or  his  heirs 
or  assigns,  at  any  time  within  one  year  from  the  day  of  sale  ; 
and  any  subsequent  or  junior  creditor  having  a  legal  or 
equitable  lien  upon  said  lands,  or  his  heirs  or  assigns,  may  re 
deem  the  same  within  one  month  after  the  expiration  of  said 
year,  unless  the  same  shall  have  been  redeemed  by  the  owner, 
his  heirs  and  assigns.  The  Legislature  shall  provide  the  man- 
ner of  enforcing  this  section  ; 

Which  was  referred  to  Committee  on  Miscellaneous  Pro- 
visions. 

Article  XYI,  on  Miscellaneous  Provisions,  was  read  the  third 
time. 

Mr.  Mitchell  moved  to  strike  out  section  20 ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  final  passage  of  Article 
XYI. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas— Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Blackburn,  Blouat,  Broome,  Carter,  Carson,  Challen, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Green, 
Hatch,  Hausman,  Hendley,  Herndon,  Hicks,  Hocker,  Hope, 
Hunter,  Ives,  Jones,  Landrnm,  Love,  Lutterloh,  Mann, 
Maxwell,  Milton,  Morgan,  McCaskill,  McClellan,  Mc- 
Kinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Parsons,  Pat- 
erson,  Pelot,  Randell  of  Madison,  Randolph,  Richard,  Robert- 
son, Pvogers,  Rowe,  Scott,  Speer,  Stone,  Swearingen,  Taylor, 
Tedder,  T0l]3ert,  Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr., 
Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and  Mana- 
tee, Wylly,  Yonge  and  Zipperer — 74. 

Nays — Messrs.  Baker,  Chandler,  Conover,  Fowler,  Gibbs, 
Goss,  Greeley.  Hargret,  Lesley,  Miller,  Mitchell  and  Thompson 
—12. 

So  Article  XYI,  on  Miscellaneous  Provisions,  was  passed  as 
stated. 

The  following  two  sections  to  Article  IX,  on  Education, 
were  considered  on  their  second  reading : 

Section  14.  The  Legislature  at  its  first  session  shall  pro- 
vide for  the  establishment,  maintenance  and  management  of 
such  Normal  Schools,  not  to  exceed  two,  as  the  interests  of 
public  education  may  demand. 

Section  15.  The  Legislature  may  make  provision  for  the 
proper  adjustment  and  settlement  of  the  claim  of  the  citizens 
of  Ocala  against  the  State  for  certain  aid  given  by  the  citizens 
of  the  town  of  Ocala  for  the  establishment  of  the  East  Florida 


4S3 


Seminary  in  1S52.  and  conditional  upon  its  location  at  the 
said  town. 

Section  9  was  read. 

Mr.  Blackburn  onered  the  following  amendment  : 
Provided,  Said  Normal  School  or  Schools  shall  be  main- 
tained from  the  Seminary  funds  of  the  State  : 
TThich  was  not  agreed  to. 

Mr.  Bush  offered  the  following  substitute  for  Section  14: 

The  Legislature  shall  make  provision  for  the  conyersion  of 
the  State  Agricultural  College  *'  into  a  State  XTniTersity 
with  Agricultural,  Literary,  Industrial,  and  Military  depart- 
ments, and  with  exclusive  power  to  confer  the  higher  degrees  ; 
shall  provide  for  connecting  and  for  increasing  the  efficiency 
of  the  East  Florida  Seminary,  located  at  Gainesville,  and  the 
"^est  Florida  Seminary,  located  at  Tallahassee,  as  branches  of 
the  State  University  without  changing  their  locations  :  and 
shall  provide  for  a  College.  Xormal  School,  or  branch  of  the 
State  University  for  the  benefit  of  the  colored  youths  of  the 
State,  and  shall  provide  for  the  liberal  maintenance  of  the 
same.    Instruction  in  them  shall  be  free. 

Which  upon  motion  was  laid  upon  the  table. 

Section  14  was  then  adopted  as  read. 

Section  15  was  read  and  adopted  without  amendment. 
'Olr.  Yonge  moved  to  waive  the  rules  and  take  up  the  two 
sections  just  read  the  second  time  upon  a  third  reading. 

Which  was  agreed  to  and  the  rules  were  waived. 

The  two  Sections  were  then  read  a  third  time  and  put  upon 
their  passage. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President.  Messrs.  Baker.  Bennett.  Bethel, 
Blount.  Broome.  Bush,  Carter,  Carr,  Carson.  Challen.  Chan- 
dler. Coker.  Cook.  Davidson.  Duncan.  Earle.  Fogarty.  Fowler, 
Genovar,  Gibbs.  Gillis,  Goss,  Greeley.  Green.  Hargret,  Hatch, 
Hausman,  Hendley,  Hocker.  Hope,  Hunter.  Ives.  Landrum, 
Lesley,  Lewis,  Lutterloh.  Maxwell.  Miller.  Mitchell,  McClellan, 
McKinnon.  Xeel.  Oliveros.  Parsons.  Paterson,  Pelot,  Petty, 
Randall  of  Duval,  Randell  of  Madison,  Randolph,  Robertson, 
Rogers,  Rowe.  Sanchez.  Scott.  Speer.  Tavlor.  Tedder.  Thomp- 
son'^ Turnbull,  Wadsworth,  Walker.  Jr.,  Walter,  Weeks,  Well- 
man.  Wilson  of  Polk  and  Manatee,;  Wylly.  Yonge  and  Zip- 
perer — TO. 

Xays — Messrs.  Blackburn,  Clarke  of  Jefferson.  Clark  of 
Jackson,  Davis,  Edge.  Herndon.  Hicks.  Jones,  Love,  Milton, 
Morgan,  Odom.  Ornian,  Richard  andi  ^Stone— 15. 


484 


So  the  Sections  were  passed  as  stated. 

Article  XIII,  on  Census  and  Apportionment,  came  up  for 
consideration  on  its  second  reading. 
Section  1  was  read. 

Mr.  Wilson,  of  Polk,  moved  that  the  following  section  2,  of 
Minority  Report  of  the  committee  be  substituted  for  section  1, 
as  just  read  : 

The  House  of  Representatives  shall,  until  the  second  appor- 
tionment under  this  Constitution,  consist  of  sixty-eight  mem- 
bers. At  the  second  apportionment  it  may  be  increased  to 
seventy-six.  The  Legislature  at  its  first  session  shall  appor- 
tion the  members  of  the  House  of  Representatives  among  the 
several  counties  according  to  their  population,  taking  the  cen- 
sus of  1885  as  a  basis.  The  ratio  of  representation  for  the 
House  shall  always  be  ascertained  by  dividing  the  total  popu- 
lation of  the  State  by  the  number  of  which  the  House  is  to 
consist,  rejecting  fraction,  if  any,  resulting  from  such  division, 
but  every  county  shall  have  at  least  one  Representative.  The 
additional  Representatives  necessary  to  make  up  the  number 
of  which  the  House  is  to  consist  shall  be  assigned  to  those 
counties  having  the  largest  fractions  unrepresented. 

Mr.  Landrum  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  not  agreed  to. 

Pending  discussion,  on  motion  of  Mr.  McClellan,  the  Con- 
vention took  a  recess  until  4  o'clock  P.  M.  to-day. 


FOUR  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade? 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount? 
Broome,  Bush,  Carter,  Carr,  Carson,  Challen,  Chandler^ 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Earle,  Edge,  Fogarty,  Fowler,  Genovar, 
Gibbs,  Gillis,  Goss,  Greeley,  Green,  Hausman,  Hendley,  Hen- 
derson, Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Love,  Lutterloh,  iMa- 
lone,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  McCaskill, 


485 


McClellan,  McKinnon,  Xeel,  Oclom,  Oliveros.  Orman,  Parker, 
Parkhill,  Parsons,  Paterson.  Pelot,  Petty,  Randall  of  Duval, 
Randell  of  Madison,  Randolph,  Richard,  Robertson,  Rogers, 
Ro^e,  Sanchez,  Scott,  Speer,  Stone,  Swearingen,  Taylor,  Ted- 
der. Thompson,  Tolbert,  Tompkins,  Turnbull,  Wads  worth, 
Walker,  Jr.,  Weeks,  Wellman,  Westcott,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer 
—95. 

A  quorum  present. 

Mr.  Walter  was  excused  until  to-morrow  afternoon  on  ac- 
count of  sickness  in  his  family. 

The  consideration  c  f  Article  XIII,  on  Census  and  Appor- 
tionment, was  resumed. 

The  question  was  upon  placing  Section  2  of  the  Minority 
Report  in  place  of  Section  1  of  the  Z\Iajority  Report. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Bush, 
Carr,  Challen,  Chandler,  Conover,  Fowler,  G-ibbs,  Gross,  G-ree- 
lej,  Hargret.  Hunter,  Lesley.  Lewis,  Mann,  Miller,  Mitchell, 
McKinnon,  Oliveros,  Pelot,  Petty,  Randall  of  Duval,  Rowe, 
Thompson,  Tolbert,  Tompkins,  Wilson  of  Polk  and  Manatee 
and  Zipperer — 30 

Xays — Mr. President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blount,  Broome,  Carson,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Cook,  Davidson,  Davis,  Duncan,  Earle, 
Edge,  Fogarty,  Q-enovar,  Gillis,  Hausman,  Hendley,  Henderson, 
Herndon,  Hocker,  Hope,  Humphries,  Ives,  Johnston,  Jones, 
Landrum,  Love,  Lutterloh,  Malone,  Milton,  Morgan,  McCaskill, 
McClellan,  Xeel,  Odom,  Orman,  Parker,  Parkhill,  Parsons, 
Paterson,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Scott,  Speer,  Stone,  Swearingen.  Taylor,  Tedder,  Turnbull, 
Wadsworth,  Weeks,  Wellman,  Westcott,  Wilson  of  Clav, 
Wylly  and  Yonge— 60. 

So  the  question  was  not  agreed  to. 

Mr.  Taylor  offered  the  following  substitute  for  section  1  : 

The  Legislature  at  its  first  revision  after  the  ratification  of 
this  Constitution  shall  apportion  the  representation  in  the 
House  of  Representatives  as  near  as  may  be  according  to 
population.  But  each  county  in  the  State  shall  have  one  Rep- 
resentative, and  no  county  shall  have  exceeding  three  Repre- 
sentatives, and  the  whole  number  of  Representatives  shall  not 
exceed  sixty-eight. 

Mr.  Cook  offered  the  following  substitute: 

Section  I.  The   apportionment  of  Representatives  in  the 


486 


House  of  Representatives  shall  be  made  from  time  to  time 
upon  the  following  basis,  to-wit :  There  shall  be  one  Repre- 
sentative for  each  county,  there  shall  be  one  additional  rep- 
resentative for  the  first  twelve  hundred  voters  from  each  coun- 
ty, there  shall  be  one  other  additional  representative  for  the 
next  twenty-four  hundred  voters,  from  each  county,  there 
shall  be  one  other  additional  representative  for  the  next  thirty- 
six  hundred  voters,  from  each  county,  and  the  representation 
shall  be  increased  by  the  Legislature  upon  the  addition  to  its 
voters  of  a  number  double  the  last  preceding  number  upon 
which  a  representative  has  been  allowed,  and  in  forming  new 
counties  representation  shall  be  allowed  upon  the  foregoing 
basis. 

Mr.  McClellan  moved  to  recommit  the  entire  Article,  to- 
gether with  the  pending  substitutes  for  section  1,  to  the  Com- 
mittee on  Census  and  Apportionment  ; 

Which  was  agreed  to. 

Article  VIII,  on  Counties  and  Cities,  was  read  a  third 
time. 

Mr.  Yonge  offered  to  amend  as  follows : 

Insert  "any,"  between  from  and  county, in  section  3,  line  t. 

Strike  out  letter  "  a  "  before  "  County  Assessor  and  County 
Collector  and  County  Treasurer,"  in  section  6,  lines  8  and  9, 
and  insert  "that  of"  before  "  County  Assessor,"  and  "  who  " 
after  Treasurer  in  same  section  and  lines. 

Strike  out  the  word  "  tax  "  between  the  words  "Assistant 
and  Assessors,"  in  section  7,  line  7. 

Insert  the  words  "or  appointed  after  elected,"  in  section 
7,  line  16  ; 

Which  was  agreed  to,  and  Article  VIII  was  put  upon  its 
final  passage. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas— Mr.  President,  Messrs.  Bell  Of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Carter,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Davidson,  Davis, 
Duncan.  Earle,  Edge,  Fogarty,  Genovar,  Gillis,  Green,  Haus- 
man,  Ilendley,  Henderson,  Herndon,  Hocker,  Hope,  Humph- 
ries, Hunter,  Johnston,  Jones,  Landrura,  Lesley,  Love,  Lut- 
terloh,  Malone,  Maxwell,  Milton,  Morgan,  McCaskill,  McClel- 
lan, McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parker,  Park- 
hill,  Parsons,  Paterson,  Pelot,  Randell  ot  Madison,  Randolph, 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Speer, 
Stone,  Swearingen,  Taylor,  Tedder,  Tolbert,  Turnbull,  Wads- 
worth,  Weeks,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zjpperer — 73. 


487 


Xays — Messrs.  Baker.  Bell  of  Hamilton,  Bush,  Carr,  Challen, 
Chandler,  Conover,  FoTvler,  Gribbs.  Goss,  Greeley,  Ilargret, 
Hicks,  Lewis,  Miller,  Mitchell,  Petty,  Randall  of  Duval, 
Thompson  and  Tompkins — 20. 

So  Article  YIII  was  passed  as  stated. 

The  majority  and  minority  reports  of  the  Committe  on  Cen- 
sus and  Apportionment  to  whom  was  referred  an  ordinance 
looking  to  a  division  of  the  State  were  read. 

Mr.  McClellan  moved  the  adoption  of  the  majority  report, 
which  was  to  indefinitely  postpone  the  Ordinance. 

Mr.  Wylly  moved  the  previous  question. 

The  previous  question  was  ordered. 

The  majority  report  was  then  adopted. 

Upon  motion  the  Convention  adjourned  until  9  o'clock  A. 
M.  to-morrow. 


FORTY-FIRST  DAY, 


TUESDAY,  July  28,  ISso. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President.  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jeffer- 
son, Clark  of  Jackson,  Coker,  Conover,  Cock,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs, 
Gillis,  Goss,  Greeley,  Green,  Hargret,  Hausman,  Hend- 
ley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesie}-,  Lewis, 
Love,  Lutterloh,  Malone,  Mann,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  McCaskill,  McClellan,  McKinnon,  Xeel, 
Odom,  Oliveros,  Orman.  Parker,  Parkhill,  Parsons,  Paterson, 
Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph,  Rich- 
ard, Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Speer,  Stone, 


488 


Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Turnbull,  Wadsworth,  Walker,  Jr.,  Weeks,  Wellman,  West(;ott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly,.Yonge 
and  Zipperer — 98- 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Green  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  a2:reed  to. 

Hon.  Mr.  Rush,  of  Alachua,  was  invited  to  a  seat  within 
the  bar. 

Mr.  Petty  was  excused  for  the  day. 

The  Journal  was  corrected  and  approved. 

Mr.  Rogers  offered  the  following  resolution  : 

Whereas,  Under  the  most  strict  economy  the  expenses  of 
this  Convention  have  exceeded  the  amount  appropriated  by 
the  Legislature,  viz :  $35,000  ;  and  Whereas^  The  State  of- 
ficials decline  to  pay  the  expenses  of  this  Convention  to  an 
amount  exceeding  the  sum  appropriated  therefor ;  therefoie, 
be  it 

Ordained^  That  the  President  of  this  Convention  be  and 
he  is  hereby  authorized  to  appoint  a  committee  of  five,  he  (the 
President)  to  be  chairman  of  said  committee,  whose  duty  it 
shall  be  to  consider  and  provide  ample  ways  and  means  to  ne- 
gotiate the  loan  of  a  sufficient  sum  of  money  to  defray  the  ex- 
penses of  this  Convention  ; 

Which  was  laid  over  under  the  rules. 

Mr.  Love,  Chairman  of  the  Committee  on  Miscellaneous 
Provisions,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  28,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Miscellaneous  Provisions  to 
whom  was  referred — 

Additional  section  No.  10,  in  relation  to  the  State  Univer- 
sity, by  Mr.  Walker,  Jr.,  respectfully  report  that  they  find  that 
said  institution  is  a  private  one  operated  solely  by  private  en- 
terprise, and  the  iState  having  no  monetary  interest  therein 
whatever,  your  committee  cannot  see  the  justice  or  propriet}^ 
of  assuming  the  management  and  control  of  the  same  by  the 
State.  Your  committee,  therefore,  recommend  that  said  addi- 
tional section  be  laid  on  the  table.  Your  committee  have  also 
examined  additional  section  in  relation  to  the  redemption  of 
lauds  sold  under  legal  process,  by  Mr.  Randall,  and  recommend 


489 


that  it  do  not  pass.  Also  additional  section  in  relation  to  con- 
demning private  property  for  corporate  purposes,  b}^  Mr. 
Walker,  Jr.,  of  Leon,  has  been  dul}*  considered,  find  3'our  com- 
mittee respectfully  recommend  the  adoption  of  the  accompany- 
ing section  as  a  substitute  for  the  orio-inal, 
Tery  respectfully, 

E.  C.  Love. 
Chairman  of  Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Section  — .  Xo  private  propert}'  nor  right  of  way  shall  be 
appropriated  to  the  use  of  any  corporation  or  individual  until 
full  compensation  therefor  shall  be  first  made  to  the  owner,  or 
first  secured  to  him  by  a  deposit  of  mone3%  which  compensa- 
tion, irrespective  of  any  benefit  from  any  improvement  pro- 
posed by  such  corporation  or  individual,  shall  be  ascertained 
by  ajur}^  of  twelve  men  in  a  court  of  competent  jurisdiction 
as  shall  be  prescribed  by  law. 

Mr.  Broome,  Chairman  of  the  Committee  on  Expenditures, 
made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  28,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

SiE :  Tour  Committee  on  Expenditures,  to  whom  was 
referred — 

k?ection  two  of  their  former  report  for  the  purpose  of  con- 
ferring with  the  Governor  and  Comptroller  of  the  State  in  re- 
gard to  the  means  of  pa^'ing  the  expenses  of  this  Convention  ; 

Beg  leave  to  report  that  they  have  been  assured  by  the 
Governor  that  he  would  not  consent  to  pay  any  monej^  from 
the  Treasury  except  such  as  had  been  appropriated  by  the  last 
session  of  the  Legislature,  and  the\'  therefore  herewith  report 
back  for  your  consideration,  sections  2,  3,  4  and  5,  which 
they  ask  to  have  added  to  section  one  (  I)  of  iheir  former  re- 
port alread}'  adopted. 

yevy  respectfully. 

John  D.  Broome, 

Chairman  Committee. 

Which  was  received,  and  the  accompam'ing  section  read  as 
follows,  and  ordered  spread  upon  the  Journal  and  placed 
among  the  orders  of  the  day : 

Sec.  2.  The  pay  of  the  Secretar}-  and  Assistant  Secretary  of 
the  Convention,  and  all  the  Clerks  elected  b}'  the  Convention, 
shall  be  six  (S6.00)  dollars  per  diem  each,  allowing  the  Secre- 


490 


taryand  Assistant  Secretary  one  day  after  adjournment  to 
complete  unfinished  business  ;  all  Committee  Clerks  shall  re- 
ceive five  ($5.00)  dollars  per  diem  for  the  number  of  days  cer- 
tified by  the  Chairman  of  the  Committee ;  the  pay  of  the  Ser- 
geant-at-Arms  shall  be  six  ($6.00)  per  diem,  and  Assistant 
Sergeant-at-Arms  shall  be  five  ($5.00)  dollars  per  diem ;  the 
pay  of  the  Messengers  of  the  Convention  shall  be  four  ($4.00) 
dollars  per  diem  each  ;  the  pay  of  the  Doorkeeper  shall  be  five 
($5.00)  dollars  per  diem  ;  the  pay  of  Pages  shall  be  three 
($3.00)  per  diem  each  ;  the  pay  of  the  Janitor  shall  be  two 
($2.00)  dollars  per  diem;  the  pay  of  the  Chaplain  shall  be  one 
hundred  dollars ;  the  Recording  Clerk  shall  complete  his 
work  after  the  adjournment  of  the  Convention,  under  the 
supervision  of  the  Secretary  of  State,  and  shall  be  paid  for  the 
same  at  six  dollars  ($6.00)  per  day  for  each  day  required  to 
complete  his  work.  Eighteen  dollars  shall  be  paid  W.  R.  Carter 
for  services  as  Assistant  Secretary  for  three  days.  Messrs. 
Dorr  &  Bowen  shall  be  paid  for  printing  the  amount  approved 
by  the  Committee  on  Printing,  certified  by  the  President  and 
Secretary  of  the  Convention. 

Sec.  3.  The  Comptroller  is  required  to  draw  his  warrant  on 
the  Treasurer  in  favor  of  all  parties  mentioned  in  sections  one 
and  two,  for  their  pay  pro  rata  as  the  amount  appropriated  by 
the  Legislature  for  the  expenses  of  this  Convention,  after  de- 
ducting pay  for  incidental  expenses  and  mileage  of  members, 
bears  to  the  whole  expanse  in  said  sections  one  and  two  afore- 
said. 

Sec.  4.  The  President  is  authorized  on  behalf  of  this  Con- 
vention to  issue  certificates  signed  by  himself  and  counter- 
signed by  the  Secretary  to  each  of  the  members,  attr^ches  and 
others  mentioned  in  sections  one  and  two,  for  the  amount  re- 
maining due  to  each  on  account  of  the  deficiency  of  the  Legis- 
lative appropriation  for  expenses  of  this  Convention. 

Sec.  5.  The  Legislature  shall  make  an  appropriation  at  its 
next  session  to  pay  said  certificates. 

Mr.  Oliveros,  Chairman  of  the  Committee  on  Enrollment 
and  Engrossment,  made  the  following  report : 

Convention  Hall,  ) 
Tallahassee,  Fla.,  July  28,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 


491 


Article  '^o.  11,  on  Judiciary,  report  same  correctly  en- 
grossed. 

Very  respectfully, 

B.  F.  Oliveros,  Chairman. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Mr.  Caloway,  Assistant  Sergeant-at-Arms,  was  indefinitely 
excused  on  account  of  sickness. 

Article  — ,  on  Schedule,  was  read  the  first  time  by  its  title, 
and  placed  among  the  orders  of  the  day  for  a  second  reading. 

Mr.  Walker,  Jr.,  moved  that  the  rules  be  waived  and  the  ad- 
ditional section  to  Article  X\^I,  as  reported  by  the  committee 
this  morning,  be  read  the  first  time  ; 

Which  was  agreed  to. 

The  additional  section  to  Article  XYI  was  then  read  the 
first  time  and  placed  among  the  orders  of  the  day  for  a  second 
reading. 

Article  XI,  on  Judiciary  Department,  came  up  for  consider- 
ation on  the  third  reading  and  was  read  a  third  time. 
Mr.  Malone  offered  to  amend  section  2  as  follows  : 

Insert  after  the  word  years,"  on  fourth  line,  the  following : 
"  And  until  their  successors  are  elected  and  qualified  ;  " 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

3lr.  Sanchez  offered  to  amend  section  2  as  follows  : 

Amend  b}^  adding  at  the  end  of  section  2  the  following  : 
"And  their  term  of  office  shall  begin  on  the  first  Tuesday  after 
the  first  Monday  in  January  after  their  election 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Yonge  offered  the  following  substitute  for  section  2 : 

SUBSTITUTE  FOR  SECTION  2. 

Section  2,  The  Supreme  Court  shall  consist  of  a  Chief- 
Justice  and  two  Associate  Justices,  who  shall  be  elected  by 
the  qualified  electors  of  the  State  at  the  time  and  places  of  vot- 
ing for  members  of  the  Legislature,  and  shall  hold  their  office 
for  the  term  of  six  years.  Their  term  of  office  shall  begin  on 
the  first  Monday  in  January  after  their  election.  The  first 
election  for  said  Judges  shall  take  place  at  the  first  election  for 
members  of  the  Legislature  after  the  ratification  of  this  Consti- 
tution. 

The  question  was  upon  placing  the  substitute  in  place  of  the 
original. 


492 


Mr.  Paterson  offered  the  following  amendment  to  the  sub- 
stitute ; 

In  section  2  after  "elected,"  in  5th  line,  insert  "  when  one 
shall  be  elected  for  two  years,  and  one  for  four  years,  and 
one  for  six  years,  the  senior  in  age  shall  be  chief  Justice,  and 
thereafter  on  all  elections  the  senior  justice  shall  be  chief 
justice."    Strike  out  to  "  office  "  in  the  eleventh  line. 

Mr.  Wylly  moved  to  lay  the  amendment  to  the  substi- 
tute on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  to  the  substitute 
was  laid  on  the  table, 

Mr.  Sanchez  moved  the  previous  question  ; 

Which  was  ordered. 

The  main  question  was  upon  placing  the  substitute  in  place 
of  the  original  ; 

Which  was  not  agreed  to. 

Mr.  Paterson  moved  to  strike  out  the  words  "  by  lot,"  in 
lines  5,  6  and  10,  in  section  2. 

Mr.  Walker,  Jr.,  moved  to  lay  the  motion  to  strike  out  on 
the  table  ; 

Which  was  agreed  to,  and  the  motion  to  strike  out  was  laid 
upon  the  table. 

Mr.  Blount  moved  to  amend  section  24  as  follows  : 

Insert  in  line  5,  section  24,  after  the  word  "  courts,"  the 
words  "  who  shall  be  appointed  by  the  Grovernor  and  con- 
firmed by  the  Senate." 

Mr.  Oliveros  moved  to  amend  the  amendment  as  follows  : 

In  section  24,  third  line,  after  the  word  "  courts,"  insert 
"  elected  by  the  qualified  electors  of  said  county." 

Mr.  Wilson,  of  Polk,  moved  to  lay  the  amendment  to  the 
amendment  on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  to  the  amend- 
ment was  laid  on  the  table. 

The  question  was  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Blount. 

Mr.  Walker,  Jr.,  offered  to  amend  the  amendment  as  follows  : 

Be  elected  by  the  Legislature. 

Mr.  Blount  moved  to  lay  the  amendment  to  the  amendment 
on  the  table ; 

Which  was  agreed  to,  and  the  amendment  to  the  amendment 
was  laid  upon  the  table, 

Mr.  Hicks  offered  to  amend  the  amendment  as  follows  : 


493 

To  be  elected  or  appointed  as  the  Legislature  may  author- 
ize. 

Mr.  Blount  moved  to  lay  the  amendment  to  the  amendment 
on  the  table ; 

Which  was  agreed  to,  and  the  amendment  to  the  amendment 
was  laid  upon  the  table. 

Mr.  Blount  moved  the  adoption  of  his  amendment  and 
moved  the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  upon  the  adoption  of  the  amendment  of 
fered  by  Mr.  Blount ; 

Which  was  agreed  to,  and  the  amendment  was  declared 
adopted. 

Mr.  Thompson  offered  to  amend  section  24,  as  amended,  as 
follows  : 

Add  :  Upon  the  recommendation  of  the  delegation  repre- 
senting the  county  in  the  Legislature  at  the  time  of  the  ap- 
pointment of  said  Judges. 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table. 

Mr.  Gillis  offered  the  following  amendment : 

Amend  section  24  as  follows  :  In  third  line  strike  out  the 
word  "free-holders''  and  insert  the  words  "  registered  vot- 
ers 

Which  was  not  agreed  to. 

Mr.  Rogers  offered  to  amend  section  18  as  follows : 

Add  after  the  word  proper,"  in  line  2,  the  following  : 
'^Upon  application  of  a  majority  of  the  free-holders  of  such 
counties."' 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  ageed  to. 

Mr.  Mitchell  offered  to  amend  the  amendment  b}'  striking 
out  the  words  "  free-holders  and  inserting  the  words  "  reg- 
istered voters 

Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Rogers  ; 

Which  was  agreed  to  and  the  amendment  was  declared 
adopted. 

Mr.  Malone  offered  the  following  amendment  to  Section  21, 
and  moved  its  adoption  : 

Strike  out  all  after  the  word  necessary  "  in  the  third  line 
to  the  word  "  for  "  in  the  fourth  line,  and  insert  in  lieu  thereof 


494 


"  the  Governor  shall  commission  upon  recommendation  of  the 
grand  jury  of  the  county  one  Justice  of  the  Peace." 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bennett,  Bethel,  Blount, 
Broome,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Davis, 
Duncan,  Earle,  Hausman,  Hocker,  Hope,  Johnston,  Jones, 
Love,  Malone,  Maxwell,  Milton,  McClellan,  Odom,  Parkhill, 
Paterson,  Pelot.  Randell  of  Madison,  Richard,  Rogers, 
Scott,  Taylor,  Turnbull,  Wadsworth,  Wilson  of  Polk  and 
Manatee  and  Yonge — 34. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Blackburn,  Bush,  Carter,  Carr,  Carson,  Challen, 
Chandler,  Conover,  Davidson,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hendley,  Henderson,  Herndon,  Hicks,  Humphries, 
Hunter,  Ives,  Landrum,  Lesley,  Lutterloh,  Miller,  Mitchell, 
Morgan,  McCaskill,  Neel,  Oliveros,  Orman,  Parker,  Parsons, 
Randall  of  Duval,  Randolph,  Robertson,  Rowe,  Sanchez,  Speer, 
Stone,  Swearingen,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Walker,  Jr.,  Weeks,  Westcott,  Wilson  of  Clay,  Wylly  and 
Zipperer — 61. 

So  the  amendment  was  not  agreed  to. 

Mr.  Sanchez  moved  to  reconsider  the  vote  by  whi  ch  section 
18  was  amended. 
Mr.  Rogers  moved  to  lay  the  motion  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  motion  to  reconsider ; 
Which  was  agreed  to,  and  the  vote  was  reconsidered. 
The  amendment  offered  by  Mr.  Rogers  was  again  read. 
Mr.  Sanchez  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  upon  the 
table. 

Mr.  Greeley  moved  to  amend  section  24  as  follows : 

Strike  out  in  section  24,  from  "  each  "  in  1st  line  to  "  Escam- 
bia," including  "  each  of  the  counties  of  Duval  and 

Which  was  agreed  to  and  the  section  was  so  amended. 
Mr.  Challen  offered  to  amend  section  IT  as  follows: 

Insert  the  words  "  decedents  and  "  before  the  word  "  minors," 
in  the  eighth  line  of  section  17  ; 

Which  was  agreed  to  and  the  section  was  so  amended. 

Mr.  Sanchez  offered  the  following  amendment  to  section  19  ; 

On  third  line  strike  out  from  "  upon  "  to  "  an  "  on  fourth 
line  ; 


\ 


495 


Which  was  agreed  to,  and  the  section  was  so  amended. 

Mr.  Carter  gave  notice  that  he  would  move  at  the  proper 
time  to  reconsider  the  vote  by  which  the  amendment  offered  by 
Mr.  Maioneto  section  18  was  lost. 

Mr.  Johnston  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr,  G-illis  to  section  24  was  lost  ; 

Which  was  agreed  to,  and  the  vote  was  reconsidered. 

The  amendment  offered  b};  Mr.  G-illis  was  then  read  again 
and  adopted. 

Mr.  Randell,  of  Madison,  offered  to  amend  section  16  as 
follows  : 

In  line  3  strike  out  ''members  ot  the  Legislature,"  and  in- 
sert "  other  county  officers  ;'" 

Which  was  agreed  to,  and  the  section  was  so  amended. 
Mr.  Thompson  moved  to  amend  section  11  as  follows  : 

In  line  1  insert  •■  original ; 

Which  was  agreed  to  and  the  substitute  was  so  amended. 
Mr.  Paterson  offered  to  amend  section  14  as  follows : 

In  lines  9  and  10,  of  section  14,  strike  out  the  words  "  not 
judicial." 

Mr.  Blount  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 

Mr.  Taylor  offered  the  following  amendment  to  section  8  : 

In  the  11th  line  of  section  after  the  period  following  the 
word  "  Judge,"  insert  successors  to  the  Judges  of  the  Cir- 
cuit Courts  now  in  office  shall  be  appointed  and  confirmed  at 
the  first  session  of  the  Legislature  after  the  ratification  of  this 
Constitution 

Which  was  agreed  to  and  the  section  was  so  amended. 
Mr.  Bell,  of  Hamilton,  offered  the  following  substitute  to 
section  27  : 

There  shall  be  for  each  of  said  courts  a  Prosecuting  Attor- 
ney, who  shall  be  elected  by  the  qualified  electors  of  said  coun- 
ties, and  who  shall  hold  their  offices  for  two  years.  Their  com- 
pensation shall  be  fixed  by  the  County  Commissioners  of  said 
counties. 

Mr.  Yonge  moved  to  lay  the  substitute  on  the  table  ; 
Which  was  agreed  to,  and  the  substitute  was  laid  upon  the 
table. 

Mr.  Miller  offered  to  amend  section  38  as  follows  : 

Strike  cut  in  section  38  the  words  "  by  and  with  the  consent 
of  the  Senate." 

Mr,  Thompson  offered  the  following  amendment : 


496 


Add  after  Mr.  Miller's  amendment  the  following  :  "  Pro- 
vided^ The  Governer  shall  lay  the  matter  of  retiring  Judges  as 
herein  mentioned  before  the  next  session  of  the  Senate." 

The  question  was  upon  the  motion  of  Mr.  Miller  to  strike 
out ; 

Which  was  agreed  to,  and  the  section  was  so  amended. 
Mr.  Challen  offered  to  amend  section  38  as  follows  : 
Provided^  That  the  Governor  shall  report  such  retirement 
to  the  Senate  at  its  first  session  and  if  the  Senate  refuses  to 
consent  to  such  retirement  such  Judge  shall  be  restored  to 
office  ; 

Which  was  agreed  to,  and  the  section  was  so  amended. 

Mr.  Rogers  offered  to  amend  section  38  as  follows  : 

Strike  out  all  after  words  "  restored  to  office,"  line  6,  section 
38,  to  last  of  line  10. 

Mr.  Carter  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  not  agreed  to,  and  the  question  was  upon  the 
adoption  of  the  amendment  ofi"ered  by  Mr.  Rogers  ; 

Which  was  agreed  to,  and  section  38  was  so  amended. 

Mr.  Carter  moved  to  reconsider  the  vote  by  which  the 
amendment  offered  by  Mr.  Malone  to  section  21  was  lost. 

Mr.  Humphries  moved  to  lay  the  motion  to  reconsider  on 
the  table ; 

Which  was  agreed  to. 

Mr.  Randall,  of  Duval,  moved  to  strike  out  section  38  as 
amended ; 

Which  was  agreed  to  and  section  38  was  stricken  out. 
Mr.  Hocker  oftered  the  following  substitute  for  section  22  : 
In  each  county  where  there  shall  be  no  County  Court,  as 
provided  for  in  section  18  of  this  Article,  the  Justices  of  the 
Peace  shall  have  jurisdiction  in  cases  at  law  in  which  the  de- 
mand or  value  of  the  property  involved  does  not  exceed  one 
hundred  dollars  and  in  which  the  cause  of  action  accrued  or 
the  detendent  resides  in  his  district,  and  in  criminal  cases,  as 
may  be  provided  by  law,  and  in  counties  where  County  Courts 
are  established,  as  provided  for  in  section  18  of  this  Article, 
every  Justice  of  the  Peace  shall  have  jurisdiction  in  cases  at 
law  m  which  the  demand  or  value  of  the  property  does  not  ex- 
ceed fifty  dollars,  and  in  which  the  cause  of  action  accrued  or 
the  defendant  resides  in  his  district,  and  he  shall  have  power 
to  issue  process  for  the  arrest  of  persons  charged  with  crime, 
and  to  make  the  same  returnable  before  himself  or  the  County 
Judge  for  examination  and  discharge,  commitment  or  bail  of 
the  accused.  The  Justices  of  the  Peace  shall  have  power  to 
hold  inquests  of  the  dead. 


497 


Mr.  Bethel  moved  the  adoption  of  the  substitute,  and  moved 
the  previous  question. 

The  previous  question  was  called. 

The  question  was  upon  placing  the  substitute  for  section  22 
in  place  of  the  original. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett.  Bethel.  Blackburn,  Broome,  Car- 
son. Clark  of  Jackson.  Coker.  Cook.  Davidson.  Davis.  Duncan, 
Earle,  Fogarty,  Genovar.  Green.  Hatch.  Hausman,  Hendley, 
Henderson,  Herndon.  Hicks.  Hocker,  Hope.  Humphries. 
Ives.  Lesley.  Lewis,  Love.  Milton,  Morgan,  McClellan, 
McKinnon,  Xeel,  Odom.  Oliveros.  Orman.  Parker,  Parsons, 
Pelot.  Randell  of  Madison,  Richard.  Rogers,  Scott.  Speer, 
Swearingen,  Tedder.  Thompson.  Turnbull.  TVadsworth, 
TTeeks.  Wellman,  Wilson  of  Clay.  Wylly  and  Zipperer — 54. 

Xays — Messrs.  Baker.  Bell  of  Hamilton,  Bush.  Carter, 
Carr.  Challen,  Chandler.  Clarke  of  Jefferson,  Conover.  Edge, 
Gibbs.  Gillis,  Goss.  Harcrret.  Hunter.  Jones.  Landrum. 
Malone,  Maxwell.  '  Miller.  Mitchell.  Parkhill,  Pater- 
son.  Randall  of  Duval.  Robertson.  Rowe.  Sanchez.  Stone. 
Taylor.  Tolbert,  Walker.  Jr,.  Wilson  of  Polk  and  Manatee 
and  Yonge — 33. 

So  the  substitute  was  placed  in  lieu  of  the  original. 

Mr.  Malone  offered  the  following  amendment  to  the  substi- 
tute just  made  tor  the  original  : 

Appeals  from  Justice  Courts  to  Circuit  Courts  in  criminal 
cases  shall  be  tried  d-:  novo  under  such  regulations  as  the  Leg- 
lature  may  prescribe  : 

Which  was  accepted  by  Mr.  Hocker. 

Mr.  Landrum  offered  the  following  amendment  : 

Amend  by  striking;  out  one  hundred and  inserting 
fifty  ; 

Which  was  not  agreed  to. 

Mr.  Thompson  offered  to  amend  as  follows  : 

Procidtd,  Xo  person  shall  be  eligible  to  the  office  of  County 
Judge  or  Justice  of  the  Peace  witiTout  a  fair  education  and  a 
thorough  knowledge  of  the  law.  Attorneys  at  law,  if  the  Leg- 
islature in  its  wisdom  shall  so  decide,  shall  constitute  such 
qualifications  as  required  by  the  provisions  of  this  section. 

Pending  discussion  the  Convention  took  a  recess  until  4 
o'clock  P.  M.  to-dav. 
32 


498 


FOUR  O'CLOCK   P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  j 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  j 
Bush,  Carter,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson, 
Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  i 
Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis, 
Goss,  Greeley,  Green,  Hargret,  Hatch,  Hausman,  Hendley, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hun- 
ter, Ives,  Johnston,  Jones,  Landrum,  Lesle}^,  Lewis,  Love,  Lut- 
terloh,  Malone,  Mann,  Maxwell,  Miller,  Milton,  Mitchell, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  01- 
iveros,  Orman,  Parker,  Parkhill,  Paterson,  Pelot,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearin- 
gen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge 
and  Zipperer — 100. 

A  quorum  present.  l! 
The  consideration  of  Article  XI,  on  Judiciar}^,  was  resumed.  iji 
Section  22  as  amended  was  pending.  i 
The  amendment  offered  by  Mr.  Thompson  was  again  read  as  i 
follows  : 

Fromded,  No  person  shall  be  eligible  to  the  office  of  County 
Judge  or  Justice  of  the  Peace  without  a  fair  education  and  a 
thorough  knowledge  of  the  law.    Attorneys   at   law,  if  the  |? 
Legislature  in  its  wisdom  shall  so  decide,  shall  be  persons  hav-  I 
ing  sufficient  qualifications  as   required  by  the  provisions  of  \ 
this  section.  3 
Mr.  Hocker  moved  to  lay  the  amendment  on  the  table  ;  |l 
Which  was  agreed  to.  i 
Mr.  Sanchez  offered  the  following  amendment  to  section  22,     !  j 
as  amended  by  Mr.  Hocker :  .  j 

Insert  in  sixth  line  after  the  word  "  such  "  after  "  cases  "  jj 
"  excepting  felonies  ;  "  ' 
Which  was  agreed  to.  : 
Mr.  Walker  offered  the  following  substitute  :  r 
The  County  Commissioners  of  each  county  shall  divide  the 
county  as  near  as  may  be  into  two  equal  districts  having  regard  il 
in  making  each  division  both  to  population  and  territorial  lim-  H 

\i 


499 


its,  and  one  Justice  shall  be  elected  for  each  district.  Such 
Justices  shall  be  known  as  Trial  Justices,  and  shall  have  juris- 
diction at  law  in  cases  in  which  the  amount  or  value  involved 
does  not  exceed  three  hundred  dollars  :  and  in  criminal 
cases  their  powers  shall  be  fixed  b}"  law.  There  shall  also  be 
not  less  than  two  or  more  than  three  other  Justices  of  the 
Peace  in  each  county  who  shall  have  jurisdiction  in  criminal 
cases  to  bail  and  commit  persons  charged  with  the  commission 
of  crimes  cognizable  in  other  courts.  Such  last  mentioned 
Justices  shall  be  eligible  to  appointment  as  Trial  Justices. 
The  County  Judges  shall  also  have  power  to  exercise  the  pow- 
ers of  Justices  of  the  Peace,  to  bail  and  commit  persons  ac- 
cused of  crimes  cognizable  in  their  own  or  other  courts,  and 
such  Judges  shall  also  be  eligible  to  appointment  as  Trial 
Justices  ; 

Which  was  not  agreed  to. 

Mr.  Tolbert  moved  the  aboption  of  section  22  and  moved 
the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  then  upon  the  adoption  of  the  section  as 
amended  ; 

Which  was  agreed  to.  and  the  section  as  amended  was  de- 
clared adopted. 

Mr.  Randall,  of  Duval,  offered  to  amend  Article  XI  as 
follows  : 

Strike  out  sections  24  to  31  inclusive,  and  insert  :  Sectiox 
— .  The  Legislature  ma}^  establish  criminal  courts  in  such 
counties  as  it  may  deem  necessar}',  with  such  jurisdiction  and 
powers  as  may  be  provided  by  law.  Prosecutions  in  said 
courts  may  be  by  information : 

Which  was  withdrawn. 

Mr.  Sanchez  moved  the  adoption  of  Article  XI,  on  Judi- 
ciar}',  as  amended,  and  moved  the  previous  question. 
The  previous  question  was  ordered. 
The  question  was  upon  the  final  passage  of  the  Article. 
The  3'eas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blount.  Broome,  Bush, 
Carson,  Challen,  Clarke  of  Jeflferson.  Clark  of  Jackson,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Genovar, 
Gillis,  Goodbread,  Green,  Hausman,  Hendlev,  Herndon, 
Hocker,  Hope.  Humphries,  Hunter,  Ives,  Johnston,  Jones, 
Landrum,  Love,  Lutterloh.  Malone,  Mann,  Maxwell,  Milton. 
Morgan,  McCaskill,  McClellan,  Xeel,  Odom,  Orman,  Parker, 


500 


Parkhill,  Paterson,  Pelot,  Ranclell  of  Madison,  Richard,  Rob- 
ertson, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Tolbert,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly  and  Yonge — 73. 

Nays — Messrs.  Baker,  Blackburn,  Chandler,  Fowler,  Gibbs, 
Goss,  Greeley,  Hargret,  Henderson,  Hicks,  Lesley,  Lewis, 
Miller,  Mitchell,  .McKinnon,  Oliveros,  Petty,  Randall  of  Duval, 
Randolph,  Thompson,  Tompkins,  Walter,  Westcott  and  Zip- 
perer — 24. 

So  Article  XI,  on  Judiciary  Department,  was  passed  as 
stated. 

Article  XIY  came  up  for  consideration  on  its  second  read- 
ing. 

Section  1  was  read 

Mr.  Blount  offered  the  following  four  sections  as  a  substi- 
tute for  section  1  : 

Section  1.  Every  male  person  of  the  age  of  twenty- one 
years  and  upwards,  who  shall,  at  the  time  of  registration, 
be  a  citizen  of  the  Uniied  States,  or  who  shall  have  declared 
his  intention  to  become  such  in  conformity  to  the  laws  of  the 
LTnited  States,  and  who  shall  have  resided  and  had  his  habita- 
tion, domicile,  home  and  place  of  permanent  abode  in  Florida 
for  one  year,  and  in  the  county  for  six  months,  and  shall  have 
paid  his  poll  tax  for  the  year  in  which  such  election  shall  be 
held  and  for  the  year  preceding,  if  he  was  then  subject  to  such 
tax,  shall  in  such  county  be  deemed  a  qualified  elector  at  all 
elections  under  this  Constitution. 

Sec.  2.  All  poll  taxes  shall  be  payable  on  the  first  day  of 
January  of  each  year.  LTpon  the  payment  of  any  poll  tax  the 
Tax  Collector  shall  give  a  receipt  therefor,  sealed  with  a  seal 
to  be  provided  for  that  purpose,  and  shall  register  the  name 
and  election  precinct  of  the  person  paying  such  tax.  He  shall 
at  each  election  furnish  to  the  inspectors  of  election  of  each 
precinct  a  certified  list  of  the  qualified  voters  of  that  precinct, 
and  no  person  shall  be  allowed  to  vote  unless  his  name  shall  be 
on  such  certified  list,  or  he  shall  exhibit  his  poll  tax  receipt  to 
the  inspectors  of  election. 

Sec.  3.  Every  elector  shall,  at  the  time  of  his  registration, 
take  and  subscribe  to  the  following  oath :  "  I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitu- 
tion of  the  United  States  and  of  the  State  of  Florida,  that  I 
am  twenty-one  years  of  age,  and  have  been  a  resident  of  the 
State  of  Florida  for  twelve  months  and  of  this  county  six 
months,  and  I  am  qualified  to  vote  under  the  Constitution  of 
the  State  of  Florida." 


501 


Sec.  4.  Xo  person  shall  vote  except  in  the  election  precinct 
in  which  he  appears  by  the  register  to  reside :  but  the  Legis- 
lature shall  provide  an  easy  method  of  changing  the  register 
so  as  to  conform  to  an  actual  change  of  residence  from  one 
precinct  to  another. 

Mr.  Mann  moved  to  indefinitely  postpone  the  substitute. 

Mr.  Blount  withdrew  the  substitute  for  the  present,  and 
moved  the  following  resolution  and  asked  that  it  be  consid- 
ered instead  of  the  question  pending : 

Resolved,  That  the  payment  of  a  poll  tax  shall  be  a  prerequi- 
site to  voting  at  any  election  in  this  State. 

Mr.  Baker  claimed  that  the  motion  could  only  Ije  entertained 
by  suspending  the  rules. 

The  President  ruled  that  the  House  could,  if  it  saw  fit,  en- 
tertain the  motion  without  the  suspending  of  the  rules. 

Mr.  Baker  appealed  from  the  decision  of  the  Chair. 

The  question  was.  shall  the  decision  of  the  Chair  be  sus- 
tained ? 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Blount,  Carter.  Carson,  Clarke  of  Jefi'erson, 
Clark  of  Jackson,  Coker.  Cook,  Davidson.  Davis.  Duncan. 
Earle.  Fogarty.  Green.  Hausman,  Hocker.  Hope,  Ives,  John- 
ston. Jones.  Love.  L  .itterloh.  Malone,  Milton,  Morgan.  Me- 
Clellan.  Xeel.  Odom.  Orman,  Parker,  Parkhill,  Paterson. 
Pelot,  Randell  of  Madison,  Richard,  Scott,  Sheats,  Speer. 
Stone,  Swearingen,  Taylor.  Tedder,  TurnbuU,  AVadsworth. 
TVeeks,  Wilson  of  Clay.  TTilson  of  Polk  and  Manate,  Wylly 
and  Tonge — 49. 

Xays — Messrs.  Baker,  Bell  of  Hamilton.  Bennett.  Bush. 
Carr,  Challen.  Chandler.  Fowler,  Gribbs,  G-oodbread,  Goss. 
Greeley,  Hargret.  Heudley.  Lesley,  Lewis,  Mann.  Miller. 
Mitchell.  Oliveros.  Parso  s.  Petty.  Randall  of  Duval.  Ran- 
dolph. Roo-ers.  Rowe.  Thompson.  Tolbert.  Tompkins,  "Walker, 
Jr..  and  Walter— 31.  '  ' 

So  the  decision  of  the  Chair  was  sustained. 

Mr.  Blount  withdrew  the  resolution. 

The  C|uestion  was  upon  section  1  of  Article  XIV  as  re- 
ported by  the  committee. 

Mr.  Parsons  oftered  the  following  amendment  to  section  1  : 

After  the  words  "ofler  to  vote,"  in  6th  line,  insert  and 
shall  have  paid  all  capitation  taxes  that  shall  have  been  as- 
sessed against  him  for  the  two  years  next  preceding."" 

Pending  discussion  the  Convention  took  a  recess  imtil  S  P. 
M.,  this  eA'ening. 


502 


EIGHT  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  was  called  and  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  • 
Bethel,  Blackburn,  Blount,  Broome,  Bush,  Carter,  Carr,  Chal- 
len.  Chandler,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Da- 
vidson, Davis,  Duncan,  Earle,  Edge,  Pogarty,  Fowler,  Geno- 
var,  Gribbs,  Gillis,  Goss,  Greeley,  Green,  Hatch,  Haus- 
man,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope, 
Humphries,  Hunter,  Ives,  Johnston,  Jones,  Lesley,  Lewis, 
Love,  Lutterloh,  Malone,  Mann,  Maxwell,  Miller,  Milton, 
Mitchell,  Morgan,  McClellan,  McKinnon,  ^^eel,  Odom, 
Oliveros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swear- 
ingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Turn- 
bull,  Wadsworth,  Walter,  Weeks,  Wellman,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 
95. 

A  quorum  present. 

The  consideration  of  Article  XI V  was  resum-od. 

The  question  was  upon  the  adoption  of  the  amendment  tf- 
fered  by  Mr.  Parsons. 

Mr.  Parsons  asked  to  amend  his  aQien«iment  by  striking  out 
the  words  "  for  the  two  years  next  pre(;eding ;  " 

Which  was  agreed  to. 

Mr.  Wilson  ofl'ered  the  following  amendment  to  the  amend- 
ment : 

Provided^  The  Legislature  shall  so  prescribe. 
Pending  discussion,   the    Convention    adjourned   until  9 
o'clock  A.  M.  to-morrow. 


FORTY-SECOND  DAY. 


WEDNESDAY,  July  29,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 


503 


The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President.  Messrs.  Baker.  Bell  of  Hamilton.  Bennett, 
Bethel.  Blackburn.  Blount.  Broome.  Bush.  Carter.  Carr.  Car- 
son. Challen,  Chandler,  Clarke  of  Jefferson.  Clark  of  Jackson, 
Coker.  Conover.  Cook.  Davidson.  Davis.  Duncan.  Earle.  Edge, 
Fogarty.  Fowler.  Genovar.  Gibbs.  G-illis.  G-oodbread.  Goss, 
Greeley.  Green.  Hargret.  Hatch.  Hausman,  Hendley.  Hender- 
son. Herndon.  Hicks.  Hocker.  Hope,  Humphries.  Hunter. 
Ives.  Johnston.  Jones.  Landrum.  Lesley,  Lewis,  Love.  Lutter- 
loh.  Malone,  Mann.  Maxwell.  Miller.  Milton.  Mitchell.  ZMororan, 
McCaskill.  McClellan,  McKinnon,  Seel,  Odom.  Oliveros.^Or- 
man.  Parker.  Parkhill.  Parsons,  Paterson.  Pelot.  Petty.  Ran- 
dell  of  Madison.  Handolph.  Pichard.  Robertson.  Rogers. 
Rowe.  Sanchez.  Scott.  Sheats.  Speer.  Stone.  Swearingen.  Tav- 
lor.  Tedder.  Tolbert.  Tompkins.  Turnbull.  Wadsworth.  Walker, 
Jr..  TValter.  Weeks.  TTellman.  Westcott.  Wilson  of  Clay.  Wil- 
son of  Polk  and  Manatee. Wylly.  Yonge  :.nd  Zipperer — 100. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Fowler  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  : 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Landrum  was  excused  for  the  day. 

Mr.  Campbell  was  indefinitely  excused  on  account  of  sick- 
ness. 

Mr.  Fowler  od'ered  the  following  resolution  : 

ResoV'.'ed.  That  this  Convention  request  the  State  Treasurer 
to  present  to  this  body  a  statement  in  detail  showing  what 
amount  of  the  appropriation  made  by  the  Legislature  for  this 
Convention  has  been  paid  out  and  for  what  purposes  has  it 
been  paid,  an.l  by  what  authority  : 

Which  was  read. 

Mr.  Challen  moved  to  suspend  the  rules  that  the  resolution 
might  be  considered  immediately  : 

Which  was  agreed  to.  and  the  resolution  was  adopted. 

The  following  ordinance  offered  by  Mr. -Rogers  on  yesterday 
came  up  for  consideration  : 

Whereas.  Under  the  most  strict  economy  the  expenses  of 
this  Convention  have  exceeded  the  amount  appropriated  by 
the  Legislature,  viz  :  $35.'j00  :  and  Wriereas.  The  State  offi- 
cials decline  to  pay  the  expenses  of  this  Convention  to  an 
amount  exceeding  the  sum  appropriated  therefor  ;.  therefore, 
be  it 


504 


Ordained^  That  the  President  of  this  Convention  be  and  he 
is  hereby  authorized  to  appoint  a  committee  of  five,  he  (the 
President)  to  be  chairman  of  said  committee,  whose  duty  it 
shall  be  to  consider  and  provide  ample  waj^s  and  means  to  ne- 
gotiate the  loan  of  a  sufficient  sum  of  money  to  defray  the  ex- 
penses of  this  Convention. 

Mr.  Rogers  moved  that  the  rules  be  suspended  and  the  ordi- 
nance be  read  the  first  time  ; 

Which  was  agreed  to,  and  the  ordinance  was  read  the  first 
time  and  passed  for  a  second  reading. 

Mr.  Lesley,  of  the  majority  of  the  Committee  on  Census 
and  Apportionment,  reported  the  following  Substitute  for  Ar- 
ticle XIII : 

CENSUS  AND  APPORTIONMENT. 

SUBSTITUTE   FOR   ARTICLE  XIII. 

Section  1.  The  Senators  representing  the  odd  numbered 
districts,  as  said  districts  are  now  designated,  whose  terms 
have  not  expired,  and  those  Senators  representing  even  num- 
bered districts,  to  be  elected  in  the  year  A.  D.  1886,  under 
the  Constitution  of  1868,  shall  be  the  first  Senate  under  this 
Constitution,  and  the  members  of  the  Assembly  to  be  elected 
in  the  year  1886  shall  be  the  first  House  of  Representatives 
under  this  Constitution,  and  the  Senate  and  House  of  Repre- 
sentatives thus  constituted  shall  be  the  first  Legislature  under 
this  Constitution,  and  the  terms  of  office  of  each  of  the  said 
Senators  and  members  of  the  House  of  Representatives  shall 
expire  at  the  election  for  Senators  and  members  of  the  House  of 
Representatives  in  the  j^ear  A.  I).  1888,  and  in  that  year  a  new 
Senate  and  House  of  Representatives  shall  be  elected. 

Sec.  2.  The  Legislatures  which  convene  in  the  year  1889 
and  thereafter  shall  consist  of  not  more  than  thirty-two  (32) 
members  of  the  Senate,  and  of  not  more  than  sixty-eight  (68) 
memV)ers  of  the  House  ot  Representatives.  The  members  of 
the  House  of  Representatives  shall  be  elected  for  te?ms  of  two 
years,  and  the  members  of  the  Senate  shall  be  elected  for  terms 
of  four  years,  except  as  hereafter  provided,  the  elections  for 
members  of  the  Senate  and  House  of  Representatives  to  take 
place  at  the  same  time  and  place.  The  terms  of  Senators 
elected  in  1888  from  districts  designated  by  even  numbers, 
shall  expire  at  the  expiration  of  two  years  from  that  date,  and 
thereafter  all  Senators  shall  be  elected  for  four  years,  so  that 
one-half  of  the  whole  number  shall  be  elected  biennially. 

Sec.  3.  The  Legislature  which  shall  meet  in  the  year  A.  D. 
1887,  and  those  which  shall  meet  every  ten  years  thereafter, 


505 


shall  apportion  the  representation  in  the  Senate,  the  whole 
number  of  Senators  not  to  exceed  thirtj^-two  (32)  members, 
and  at  the  same  time  shall  also  apportion  the  representation  in 
the  House  of  Representatives,  the  whole  number  of  Represen- 
tives  not  to  exceed  sixt3^-eight  (68)  members.  The  represen- 
tation in  the  House  of  Representatives  shall  be  apportioned 
among  the  several  counties  as  near  as  possible  according  to 
population  ;  Provided^  Each  county  shall  have  one  represen- 
tative at  large  in  the  House  of  Representatives. 

Sec.  4.  When  ar.y  Senatorial  District  shall  be  composed  of 
two  or  more  counties,  the  counties  of  which  such  district  con- 
sists shall  not  be  entirel}^  separated  by  any  county  belonging 
to  another  district.  Any  new  county  which  may  be  created 
shall  be  entitled  to  one  Representative  in  the  House  of  Rep- 
resentatives until  the  next  apportionment  thereafter,  and  be 
assigned  to  one  of  the  adjoining  Senatorial  Districts  as  shall 
be  determined  b}^  the  Legislature  ; 

Which  was  read  and  placed  among  the  orders  of  the  da}^ 
Mr.  McClellan,   Chairman   of  the  Committee  on  Census 
and  Apportionment,  reported  the  following  minority  substi- 
tute for  Article  XIII  : 

Convention  Hall,  Tallahassee,  Fla.,  July  28,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  A  minority  of  the  Committee  upon  Census  and  Appor- 
tionment beg  leave  to  dissent  from  the  report  of  the  majoritj* 
upon  the  Article  upon  Census  and  Apportionment  recommit- 
ted, and  the  substitute  thereto  that  was  recommitted  to  said 
committee.  They  beg  leave  to  report  the  adoption  of  sections 
one  and  two  of  the  majorit}^  of  said  committee  as  first  report- 
ed, and  the  adoption  of  the  accompanying  substitutes  for  sec- 
tions 3  and  4,  and  that  section  5  of  the  original  Article  as 
originall.y  reported  hy  the  majorit}^  of  the  commitee  be  adopted. 

Thej^  also  report  an  independent  section  as  to  the  members 
of  the  Legislature  of  1887  ; 

Very  respectfulh^, 
J.  F.  McClellan. 

Chairman  of  Committee. 
T.  L.  Clarke. 
W.  B.  Tedder, 
Jno.  B.  Johnston, 
j  as.  p.  coker. 
Which  was  read,    ordered  spread  upon  the  Journal  and 
placed  among  the  orders  of  the  day. 


506 


Sec.  3.  The  Legislature  of  the  State  of  Florida  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  ninety-five,  and 
every  ten  years  thereafter,  shall  cause  an  enumeration  to  be 
made  of  all  the  inhabitants  of  the  State  of  Florida  by  coun- 
ties and  shall  at  the  first  regular  session  after  the  year  one 
thousand  eight  hundred  and  eighty-eight  proceed  to  apportion 
the  representation  among  the  difierent  counties  of  the  State, 
giving  to  each  county  one  Representative  at  large  and  such 
additional  Representatives  as  the  Legislature  shall  think 
proper,  the  whole  number  not  to  exceed  sixty-eight.  And  a 
like  apportionment  shall  be  made  every  ten  years  thereafter. 

Sec.  4.  The  Legislature  of  the  State  of  Florida  under  this 
Constitution  shall  consist  of  not  more  than  thirty-two  Senators 
and  after  1886  of  sixty-eight  Representatives.  The  Repre- 
sentatives shall  be  elected  for  two  years  and  the  Senators  shall 
be  chosen  for  the  term  of  four  years  at  the  same  time  and  place 
as  members  of  the  House  of  Representatives.  Provided^  That 
the  Senators  (elected  in  1888  at  the  first  election)  from  the 
Senatorial  districts  designated  by  ev^en  numbers  shall  vacate 
their  seats  at  the  expiration  of  two  years,  and  thereafter  all 
Senators  shall  be  elected  for  the  term  of  four  years  so  that 
one-half  of  the  whole  number  shall  be  elected  biennially.  The 
apportionment  of  State  Senators  shall  never  be  less  than  one- 
fourth  nor  more  than  one-third  of  the  whole  number  of  the 
members  of  the  Legislature. 

Sec.  5.  The  Senators  that  now  hold  over  and  the  Senators 
and  Assembly  who  shall  be  elected  at  the  general  election  of 
1886  shall  constitute  the  Legislature  to  be  held  in  188t,  and 
shall  hold  their  seats  as  members  of  the  Legislature  until  the 
Senators  and  Representatives  elected  under  this  Constitution 
at  the  general  election  to  be  held  in  1888  are  elected  and 
qualify. 

Mr.  Sanchez,  Chairman  of  the  Committee  on  Judicial  De- 
partment, made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  July  28,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Gonvention  : 

Sir  :  Your  Committee  on  Judicial  Department,  to  whom 
was  referred — 

The  additional  section  to  Article  XYI,  offered  by  Mr. 
Challen, 

Beg  leave  to  report  that  they  have  examined  and  considered 
the  same  and  recommend  that  the  same  be  laid  upon  the  table. 


507 


and  recommend  that  the  substitute  herewith  submitted  be 
adopted  in  lieu  thereof. 

Very  respectfully. 

E.  C.  F.  Sanchez. 

Chairman  Committee. 

Which  was  read  and  placed  among  the  orders  of  the 
day. 

Additional  Section  to  Article  XTI.  reported  by  Committee 
on  Judicial  Department : 

Sec.  — .  The  Legislature  may  provide  for  the  drainage  of 
the  land  of  one  man  over  or  through  that  of  another,  an^  for 
just  compensation  therefor  to  the  owner  of  the  land  over  which 
such  drainage  is  had. 

Mr.  Challen  oifered  the  following  aditlonal  section  to  Arti- 
cle XTI.  which  was  referred  to  the  Committee  on  Miscellane- 
ous Provisions  : 

When  any  otiicer  shall  become  disabled  during  his  term  of 
oriice  from  sickness,  mental  disorder  or  accident,  and  there- 
fore unable  to  perform  the  duties  of  said  office,  and  such  duties 
may  not  be  performed  by  a  deputy,  the  G-overnor  may  appoint 
an  officer  ;:/ro  tempore  to  perform  such  duties  until  such  dis- 
ability cease,  provided  that  the  G-overnor  shall  report  Ms  pro- 
ceedings in  such  cases  to  the  next  Legislature  for  such  action 
as  it  may  deem  proper. 

Mr.  Blackburn  oiiered  the  following  additional  section  to 
Article  XVI,  which  was  referred  to  the  Committee  on  Mis- 
cellaneous Provisions  ; 

All  county  officers  who  may  receive  a  stated  salary  shall  be 
paid  only  from  the  funds  raised  by  their  several  counties  for 
such  special  purpose. 

Mr.  Broome.  Chairman  of  the  Committee  on  Expenditures 
asked  that  the  report  o^'ered  by  him  on  yesterday  be  read  a 
second  time  : 

Which  was  agreed  to.  and  section  2  was  read  and  passed 
without  amendment. 
Section  3  was  read. 

Mr.  Walker.  Jr..  onered  the  following  substitute: 

The  Comptroller  is  required  to  draw  his  warrant  on  the 
Treasurer  in  favor  of  the  officers  and  employees  of  this  Con- 
vention for  the  full  amount  allowed  them  by  section  2,  and 
to  each  delegate  of  this  Convention  for  his  pro  rata  share  of 
the  amount  appropriated  by  the  Legislature,  after  deducting 
from  said  amount  the  amount  due  said  employees   and  all 


508 


other  expenses  including  mileage  of  members  incurred  by  this 
Convention. 

The  question  was  upon  placing  the  substitute  in  place  of  the 
original ; 

Which  was  agreed  to. 

The  question  was  then  upon  the  passage  of  the  substitute  as 
the  original ; 

Which  was  agreed  to,  and  the  substitute  was  passed  as  the 
original. 

Section  4  was  read. 

Mr.  Miller  offered  the  following  amendment : 

Said  certificates  so  issued  by  the  President  and  Secretary 
shall  be  receivable  by  all  officers  of  the  State  for  State  and 
county  taxes  and  all  dues  to  the  State. 

Mr.  Bush  offered  the  following  amendment  to  the  amend- 
ment : 

Add  after  "  Convention,"  in  sixth  line,  Said  certificates 
shall  draw  interest  at  the  rate  of  seven  per  cent,  per  annum 
from  date  of  issue;" 

Which  was  accepted  by  Mr.  Miller. 

The  question  was  upon  the  adoption  of  the  amendment  as 
amended. 

Mr.  Turnbull  moved  that  the  amendment  be  divided  and 
adopted  by  clauses ; 
Which  was  agreed  to. 
The  first  subdivision  was  read  and  lost. 
The  second  subdivision  was  read  and  lost. 
Mr.  Kogers  offered  the  foiiowing  substitute  to  section  4  : 

Whereas,  Under  the  most  strict  economy  the  expenses  of 
this  Convention  have  exceeded  the  amount  appropriated  by 
the  Legislature,  viz:  $35,000:  and  luhereas^  the  State  offi- 
cials decline  to  pay  the  expenses  of  this  Convention  to  an 
amount  exceeding  the  sum  appropriated  therefor  ;  therefore, 
be  it 

Ordained,  That  the  President  of  this  Convention  be  and  he 
is  hereby  authorized  to  appoint  a  commitiee  of  five,  he  (the 
President)  to  be  chairman  of  said  committeee,  whose  duty  it 
shall  be  to  consider  and  provide  ample  ways  and  means  to  ne- 
gotiate the  loan  of  a  sufficient  sum  of  money  to  defray  the  ex- 
penses of  this  Convention. 

Mr.  Rogers  withdrew  his  amendment. 

Mr.  Parsons  offered  the  following  substitute : 

Be  it  ordained  b}^  the  people  of  the  State  of  Florida  repre- 
sented in  Constitutional  Convention : 


4'' 


509 


Sec.  1.  That  the  Comptroller  shall  draw,  the  G-overnor  shall 
countersign,  and  the  Treasurer  shall  pa}',  warrants  for  the 
amount  due  to  members  of  this  Convention  for  their  mileage 
and  per  diem,  and  the  warrants  for  the  amounts  due  to  the 
employees  and  for  the  expenses  of  this  Convention. 

Sec.  2.  Be  it  further  ordained.  That  section,  16  of  Article 
10,  of  the  Constitution  of  1868,  is  hereby  suspended  so  far  as 
its  operation  conflicts  and  only  so  far  it  conflicts  with  the  first 
section  of  this  ordinance. 

Sec.  3.  Be  it  further  ordained^  That  this  ordinance  shall  go 
into  effect  at  once. 

Mr.  Conover  made  the  following  motion : 

That  the  subject  matter  of  defraying  the  expenses  of  this 
Convention  be  referred  to  a  committee  to  consist  of  Messrs. 
Blount,  Parsons,  Rogers,  Randall,  of  Duval,  and  Broome. 

Mr.  Hicks  moved  to  lay  the  motion  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  then  on  the  adoption  of  the  motion ; 

Which  was  agreed  to,  and  the  motion  was  adopted. 

The  further  consideration  of  the  report  was  postponed  until 
the  report  of  the  Special  Committee  is  received. 

The  Convention  then  resumed  the  consideration  of  Article 
XIY  on  Suffrage  and  Eligibility. 

The  pending  question  was  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Parsons  on  ^^esterday  as  follows : 

After  the  words    offer  to  vote,"  in  6th  line,  insert  "  and 
shall  have  paid  all  capitation  taxes  that  shall  have  been  as- 
sessed against  him." 
And  amended  as  follows  by  Mr.  Wilson,  of  Polk  : 
"  Provided^  The  Legislature  shall  so  prescribe." 

The  following  substitute  offered  by  Mr.  Yonge  was  also 
read : 

In  line  6,  after  the  word  vote,"  insert  the  following  :  "  and 
who,  if  he  be  liable  to  pay  a  poll  tax,  shall  have  paid  the  same 
for  the  year  in  which  such  election  shall  be  held,  and  for  the 
year  preceding  if  he  were  then  subject  to  such  tax. 

The  question  was  upon  the  adoption  of  the  amendment  to 
the  amendment  offered  by  Mr.  Wilson,  of  Polk. 
The  3^eas  and  nays  were  called. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Bush, 
Carr,  Challen,  Chandler,  Conover,  Edge,  Fowler,  Goodbread, 
Goss,  Greeley,  Green,  Hargret,  Hatch,    Henderson,  Hicks, 


510 


Hope,  Humphries,  Hunter,  Lesley,  Lewis,  Mann,  Miller, 
Mitchell,  McKinnon,  Neel,  Oliveros,  Orman,  Petty,  Randall  of 
Duval,  Randolph,  Rogers,  Rowe,  Sanchez,  Tedder,  Thomp- 
son, Tolbert,  Tompkins,  Walter,  Westcott,  Wilson  of  Polk 
and  Manatee  and  Zipperer — 44. 

Nays — Messrs.  Bennett,  Bethel,  Blount,  Broome,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Fogarty,  Gibbs,  Gillis,  Hausman, 
Hendley,  Herndon,  Hocker,  Johnston,  Jones,  Love, 
Malone,  Maxwell,  Milton,  Morgan,  McCaskill,  McClellan, 
Odom,  Parker,  Parkhill,  Parsons,  Paterson,  Randell  of 
Madison,  Richard,  Robertson,  Scott,  Sheats,  Speer,  Stone, 
Taylor,  Turnbull,  Wadsworth,  Walker,  Jr.,  Weeks,  Well- 
man,  Wilson  of  Clay,  Wylly  and  Tonge — 50. 

Excused  from  attendance — Messrs.  Bell  of  Brevard  and 
Dade,  Campbell,  Landrum,  Marshall,  Monsalvatge,  Wall  and 
Whitmire— 7. 

ISTot  voting — Messrs.  Carter,  Genovar,  Ives,  Lutterloh, 
Pelot  and  Swearingen — 6 

So  the  amendment  to  the  amendment  was  not  agreed  to. 

The  question  was  then  upon  the  placing  the  substitute, 
offered  by  Mr.  Yonge,  in  place  of  the  original : 

The  yeas  and  naj^s  were  called  for. 

The  vote  was: 

Yeas — Mr.  President,  Messrs.  Bennett,  Bethel,  Blount. 
Broome,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Fogarty,  Gillis,  Gree- 
ley, Hausman,  Hendley,  Herndon,  Hocker,  Hope,  Johnston, 
Jones,  Love,  Malore,  Maxwell,  Milton,  Morgan,  McCaskill,  Mc- 
Clellan, Odom,  Parker,  Parkhill,  Parsons,  Paterson,  Randell  of 
Madison,  Randolph,  Richard,  Robertson,  Scott,  Sheats,  Speer, 
Stone,  Taylor,  Turnbull,  Wadsworth,  Walker,  Jr.,  Weeks, 
Wellman,  Wilson  of  Clay,  Wylty  and  Yonge — 53. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Blackburn,  Bush, 
Carr,  Challen,  Chandler,  Conover,  Edge,  Fowler,  Gibbs,  Good- 
bread,  Goss, Green,  Hargret,  Hatch,  Henderson,  Hicks,  Humph- 
ries, Hunter,  Ives,  Lesley,  Lewis,  Mann,  Miller,  Mitchell,  Mc- 
Kinnon, Neel,  01iveros,Orman,  Petty,  Randall  of  Duval,  Rogers, 
Rowe,  Sanchez,  Tedder,  Thompson,  Tolbert,  Tompkins,  Wal- 
ter, Westcott,  i¥ilson  of  Polk  and  Mana  tee  and  Zipperer 
—43. 

Excused  from  attendance — Messrs.  Bell  of  Brevard  and  Dade, 
Campbell,  Landrum,  Marshall,  Monsalvatge,  Wall  and  Whit- 
mire — 

Not  voting — Messrs.  Carter,  Genovar,  Lutterloh,  Pelot  and 
Swearingen — 5. 


511 


So  the  substitute  was  adopted  in  place  of  the  original 
amendment. 

The  question  was  then  upon  the  adoption  of  the  amendment 
as  substituted. 

Tho  yeas  and  nays  were  called  for. 
The  vote  was  : 

Teas — Mr.  President,  Messrs,  Bennett,  Bethel,  Blackburn, 
Blount,  Broome,  Carson,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Fogarty, 
Gillis,  Hausman,  Hendley,  Herndon,  Hocker,  Hope,  Humph- 
ries, Johnston,  Jones,  Love,  Malone,  Maxwell,  Milton,  Mor- 
gan, McCaskill,  McClellan,  Odom,  Parker,  Parkhill,  Par- 
sons, Paterson,  Randell  of  Madison,  Randolph,  Richard,  Rob- 
ertson, Scott,  Sheats,  Speer,  Stone,  Taj- lor,  TurnbuU,  Wads- 
worth,  Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Cla}^,  W3dly 
and  Yonge — 54. 

Nays — Messrs.  Baker,  Bell  of  Hamilton,  Bush,  Carr,  Chal- 
len,  Chandler,  Conover,  Edge,  Fowler,  Gribbs,  Groodbread, 
Goss,  Greeley,  Green,  Hargret,  Hatch,  Henderson,  Hicks,  Hun- 
ter, Lesley,  Lewis,  Mann,  Miller,  Mitchell,  McKinnon,  Xeel, 
Oliveros,  Orman,  Petty,  Randall  of  Duval,  Rogers,  Rowe, 
Sanchez,  Tedder,  Thompson,  Tolbert,  Tompkins,  Walter, 
Westcott,  Wilson  of  Polk  and  Manatee  and  Zipperer— 47. 

Excused  from  Attendance — Messrs.  Bell  of  Brevard  and 
Dade,  Campbell,  Landrum,  Marshall,  Monsalvatge,  Wall  and 
Whitmire — 7. 

Not  Yoting — Messrs.  Carter,  Genovar,  Ives,  Pelot  and 
Swearmgen — 5. 

So  the  amendment  was  adopted. 

Mr.  Humphries  gave  notice  that  he  would  on  to-morrew 
move  to  reconsider  the  vote  just  taken. 

Mr.  Walker,  Jr.,  gave  notice  that  he  would  on  to-morrow 
move  to  reconsider  the  vote  by  which  the  vote  on  the  amend- 
ment to  the  amendment  offered  b}^  Mr.  Wilson  was  lost  this 
morning. 

Mr.  Oliveros  moved  to  have  the  names  of  all  the  members 
not  voting  "  and  "  excused  "  so  recorded  on  the  yea  and  nay 
votes  of  this  morning  ; 
Which  was  agreed  to. 

Mr.  Blount  offered  the  following  substitute  for  section  1. 

Secton  L  Every  male  person  of  the  age  of  twent3^-one  yeavs 
and  upwards,  who  shall,  at  the  time  of  registration,  be  a  citi- 
zent  of  the  L^nited  States,  or  who  shall  have  declared  his  in- 
tention to  become  such  in  conformity  to  the  laws  of  the  United 
States,  and  who  shall  have  resided  and  had  his  habitation, 
domicile,  home  and  place  of  permanent  abode  in   Florida  for 


512 


one  year,  and  in  the  county  for  six  months,  and  shall  have  paid 
his  poll  tax,  if  he  be  subject  to  such  tax,  for  the  year  in  which 
such  election  shall  be  held  and  for  the  year  preceding,  if  he 
was  then  subject  to  such  tax,  shall  in  such  county  be  deemed 
a  qualified  elector  at  all  elections  under  this  Constitution. 

Pending  discussion  the  Convention  took  a  recess  until  4 
o'clock  P.  M.  to-day. 


FOUR  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Ben- 
nett, Bethel,  Blackburn,  Broome,  Bush,  Carter,  Carr,  Challen, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler, 
Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Jones.  Lesley,  Lewis,  Love, 
Lutterloh,  M alone,  Mann,  Maxwell,  Miller,  Milton,  Mitchell, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oli- 
veros,  Orman,  Parker,  Parkhill,  Parsons,  Paterson,  Pelot, 
Petty,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Walter,  Well- 
man,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wyll}',  Yonge  and  Zipperer — 9T. 

A  quorum  present. 

Mr.  Green  was  excused  on  account  of  sickness. 
The  following  communication  was  received  from  State  Treas- 
urer Crill : 

Treasurer's  Office,  | 
Tallahassee,  Fla.,  July  29,  1885.) 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Dear  Sir  :  In  reply  to  a  resolution  of  this  date,  calling  for 
a  detailed  statement  showing  what  amount  of  the  appropria- 
tion made  by  the  Legislature  for  the  Convention  has  been  paid 
out,"  I  would  respectfully  state  that  I  have  paid  to  date  Comp- 


513 


troller's  warrants  (expenses  of  Convention)  amounting  to  the 
sum  of  three  thousand  three  hundred  and  seventy-one  and 
78-100  dollars.  For  detail  for  what  purpose  it  has  been  paid,'^ 
I  would  respectfully  refer  you  to  the  Comptroller. 

Yery  respectfully  j^ours, 

E.  S.  Crill,  Treasurer. 

Which  was  read. 

Col.  Wm.  Fisher,  of  the  Pensacola  bar,  was  invited  to  a  seat 
within  the  bar  during  his  stay  in  the  city. 

The  consideration  of  Article  XIV,  on  Suffrage  and  Eligi- 
bility, was  resumed. 

The  question  was  upon  the  substitute  for  section  1,  offered 
by  Mr.  Blount. 

Mr.  Walker,  Jr.,  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  not  agreed  to. 

Mr.  Yonge  moved  the  adoption  of  the  substitute. 
Mr.  Hicks  moved  to  amend  as  follows  : 

Strike  out  the  words  "  shall  have  paid  his  poll  tax,"  in  sec- 
tion 1,  because  in  contravention  of  the  act  of  the  Congress  of 
the  United  States,  June  25,  1868,  admitting  Florida  to  repre- 
sentation in  Congress,  and  Article  XIY  of  the  Constitution  of 
the  United  States. 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  ; 

Yeas — Mr.  President,  Messrs.  Bennett,  Bethel,  Blackburn, 
Blouat,  Broome,  Carter,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Fogarty,  Greno- 
var,  Gillis,  Hausman,  Hendley,  Herndon,  Hocker,  Hope, 
Jones,  Love,  Lutterloh,  Malone,  Maxwell,  Milton,  Morgan, 
McClellan,  Odom,  Parker,  Parkhill,  Parsons,  Paterson,  Ran- 
dell  of  Madison,  Randolph,  Richard,  Robertson,  Scott, 
Sheats,  Speer,  Stone,  Swearingen,  Taj- lor,  Turnbull,  Wads- 
worth,  Weeks,  Wellman,  Wilson  of  Clay,  Wvlly  and  Yonge 
—53. 

Xays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bush,  Carr,  Challen,  Chandler,  Conover, 
Fowler,  Gibb^,  Goodbread,  Goss,  Greeley,  Hargret,  Hender- 
son, Hicks,  Humphries,  Hunter,  Ives,  Lesley,  Lewis,  Mann, 
Miller,  Mitchell,  McKinnon,  Xeel,  Oliveros,  Orman,  Petty, 
Randall  of  Duval,  Rogers,  Rowe,  Sanchez,  Tedder,  Thomp- 
son, Tolbert,  Tompkins,  Walker,  Jr.,  Walter,  Westcott  and 
Wilson  of  Polk  and  Manatee  and  Zipperer — 42. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Bethel  moved  the  adoption  of  the  substitute  in  place  of 
the  original ; 
38 


51-4 


Which  was  agreed  to,  and  the  substitute  was  put  in  place  of 
the  original. 

The  question  was  then  upon  the  adoption  of  the  section  as 
substituted  ; 

Which  was  agreed  to,  and  the  section  was  adopted. 
Section  2  was  read  and  passed  without  amendment. 
Section  3  was  read. 

Mr.  Miller  offered  the  following  amendment  to  section  3  : 
Add  to  section  3  the  following : 

Section  — .  No  person  convicted  of  any  fraud  at  an  election, 
either  by  casting  any  fraudulent  ballot,  or  of  substituting  a 
ballot  not  cast  for  one  cast,  or  of  altering  or  destroying  the  re- 
turns of  any  election,  or  making  any  false  return  of  any  elec- 
tion ;  or  of  destroying  any  ballot  duly  cast  or  any  ballot-box, 
or  of  intimidating  or  influencing  any  voter  in  the  exercise  of 
the  right  to  register  or  vote  by  menus  of  force,  menace,  threat 
or  bribery,  shall  ever  be  disqualified  to  vote  at  any  election  or 
hold  any  office  under  the  laws  of  the  State  of  Florida. 

Mr.  Malone  moved  to  lay  the  amendment  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Carter,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Eaile,  Edge,  Fogarty,  Genovar, 
Gillis,  Hausman,  Hendley,  Henderson,  Herndon,  Hocker, 
Hope,  Humphries,  Ives,  Johnston,  Jones,  Love,  Lutterloh,  Ma- 
lone, Maxwell,  Milton,  Morgan,  McCaskill,  McClellan,  Neel, 
Odom,  Oliveros,  Orman,  Parker,  Parkhili,  Parsons,  Paterson, 
Peiot,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Ted- 
der. Turnbull,  Wadsworth,  Weeks,  Wellman,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — 67. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bush,  Carr,  Challen,  Chandler,  Conover,  Fowler, 
Gibbs,  Goodbread.  Goss,  Greeley  Hargret,  Hunter,  Lewis, 
of  Mann,  Miller,  Mitchell,  xMcKinnon,  Petty,  Randall 
Duval,  Rowe,  Thompson,  Tolbert,  Tompkins,  Walker,  Jr., 
Walter,  Westcott  and  Zipperer — 30. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Mitchell  offered  to  amend  as  follows  : 

Insert  "  When  such  larceny  amounts  to  a  felony." 

Mr.  Wilson,  of  Polk  and  Manatee,  moved  to  lay  the  amend- 
ment on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  was  tabled. 

Section  3  was  then  passed  without  amendment. 


515 


Section  4  was  read. 

Mr.  Taylor  offered  the  following  amendment : 
Strike  out  all  of  the  section  after  the  word  "election  "  in  line 
7  of  section  4. 

Which  was  not  agreed  to. 

Mr.  Clarke,  of  Jefferson,  moved  to  strike  out  section  4. 
Mr.  Walker,  Jr.,  moved  to  lay  the  motion  to  strike  out  on 
the  table  ; 

Which  was  agreed  to. 

Mr.  Yonge  offered  to  amend  section  4  as  follows : 
In  lines  6  and  7  strike  out  "  shall  thereby  forfeit,"  and  in- 
sert "shall  upon  conviction  thereof  be  deprived  of." 
Mr.  Mann  moved  to  lay  the  amendment  on  the  table ; 
Which  was  not  agreed  to. 

The  question  was  then  upon  the  adoption  of  the  amend- 
ment. 

Mr.  Yonge  moved  the  adoption  of  the  amendment  and 
moved  the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  upon  the  adoption  of  the  amendment. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bethel,  Blount,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Davidson, 
Davis,  Duncan,  Hausman,  Ilendley,  Herndon,  Johnston,  Jones, 
Love,  Lutterloh,  Malone,  Maxwell,  Milton,  McClellan,  Odom, 
Orman,  Parker,  Parkhill,  Paterson,  Randell  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers,  Scott,  Sheats,  Speer, 
Stone,  Swearingen,  Taylor,  Tedder,  Wadsworth,  Weeks, 
Wellman,   Wilson   of  Clay,  Wylly  and  Yonge — 44. 

^^'ays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Blackburn,  Broome,  Bush,  Carter,  Carr, 
Challen,  Chandler,  Conover,  Cook,  Earle,  Edge,  Fogarty, 
Fowler,  Genovar,  Gribbs,  Grillis,  Goodbread,  Goss,  Greeley, 
Hargret,  Hicks,  Hocker,  Humphries,  Hunter,  Ives,  Leslej^, 
Lewis,  Mann,  Miller,  Mitchell,  Morgan,  McCaskill,  McKinnon, 
^eel,  Oliveros,  Pelot,  Petty,  Randall  of  Duval,  Rowe, 
Thompson,  Tolbert,  Tompkins,  Turnbull,  Walker,  Jr., 
Walter,  Westcott,  Wilson  of  Polk  and  Manatee  and  Zipperer 
—52. 

So  the  amendment  was  not  agreed  to. 

Mr.  Bennett  moved  the  adoption  of  section  4  and  moved  the 
previous  question. 

The  previous  question  was  ordered. 

Section  4  was  then  adopted  without  amendment. 


516 


Section  5  was  read. 

Mr.  Mitchell  offered  to  amend  as  follows  : 

Strike  out  the  words  from  "  shall  "  to  "  be,"  in  first  line  ; 

Which  was  withdrawn.  ,1 
Mr.  Chandler  moved  the  adoption  of  section  5  ;  ; 
Which  was  agreed  to,  and  section  5  was  declared  adopted. 
Section  6  was  read  and  passed  without  amendment. 
Section  t  was  read. 

Mr.  Bennett  moved  to  strike  out  section  7. 

Mr.  Humphries  moved  to  amend  section  t  as  follows : 

Striking  out  in  line  one  after  "  voted,"  "  when  the  voter 
shall  request  the  same." 

Which  was  not  agreed  to. 

The  question   was  then  on   the  motion  of  Mr.  Bennett  to 
strike  out  the  section. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Carter, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson,  | 
Davis,  Duncan,  Fogarty,  Genovar,  Hausman,  Hendley,  Hern- 
don,  Hocker,  Hope,  Ives,  Johnston,  Jones,  Love,  Lutterloh,  ^ 
Malone,  Mann,  Maxwell,  Milton,  McCaskill,  McClellan,  Odom,  j 
Oliveros,  Orman,  Parker,  Parkhill,  Paterson,  Pelot,  Randell  j 
of  Madison,  Randolph,  Richard,  Robertson,  Rogers,  Scott,  | 
Sheats,  Speer,  Stone,  Swearingen,  I'aylor,  Tedder,  Turnbull,  j 
Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk  and  Man-  ! 
atee,  Wylly  and  Yonge— 56.  j 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of  J 
Hamilton,  Bush,  Carr,  Carson,  Challen,  Chandler,  Conover,  i 
Earle,  Powler,  Gibbs,  Gillis,  Goodbread,  Goss,  Greeley,  1 
Hargret,  Henderson,  Humphries,  Hunter,  Lesley,  Lewis,  Mil-  i 
ler,  Mitchell,  McKinnon,  Neel,  Petty,  Randall  of  Duval,  Rowe,  ] 
Thompson,  Tolbert,  Tompkins,  Walker,  Jr.,  Walter  and  Zip-  j 
perer — 35.  ^ 

So  the  motion  to  strike  out  section  7  was  agreed  to. 

Mr.  Mann  gave  notice  that  he  would  on  to-morrow  move  to  | 
reconsider  the  vote  just  taken.  j 

Mr.  Turnbull  sfave  notice  that  he  would  on  to-morrow  move 
to  reconsider  the  vote  by  which  section  4  was  passed.  i 

Section  8  was  read.  | 

Mr.  Walter  moved  to  strike  out  section  8  ;  1 

Which,  upon  motion,  was  laid  on  the  table.  . 

Mr.  Yonge  moved  to  amend  as  follows  :  \ 

Strike  out  in  line  2,  section  8,  Article  XIY,  the  words  "  by  ! 


517 

the  Clerk  of  the  Circuit  Court."  and  insert  "of  the  legally 
qualified  voters."* 

Pending  discussion,  the  Convention  took  a  recess  until  8 
o'clock  to-night. 


EIGHT  O'CLOCK  P.  M, 

The  Convention  resumed  its  session. 

President  Pasco  in  the  chair. 

The  calling  of  the  roll  was  waived. 

The  President  stated  that  this  was  a  special  session  called 
for  the  purpose  of  considering  the  following  resolution  on  the 
death  of  General  U.  S.  Grant,  offered  by  the  special  committee 
appointed  by  this  Convention  on  last  Friday. 

Resolved  by  the  People  of  Florida^  in  Constitutional  Conven- 
tion assembled.  That  we  have  heard  of  the  death  of  General 
Ulysses  S.  Grant  with  the  deepest  sorrow ;  that  his  time,  the 
most  eventful  in  this  country's  history,  brought  him  forth  a 
historic  character,  who  as  civilian,  soldier  and  statesman  has 
commanded  the  attention  and  admiration  not  onh^  of  this  re- 
public but  of  every  civilized  nation.  His  achievements  in 
war  and  in  peace  have  filled  the  world  with  his  praise  ;  that 
his  greatness  does  not  belong  to  any  section  of  his  countr3^ 
He  struggled  in  war  to  preserve  the  Union  of  the  States,  in 
peace  to  maintain  the  Union  in  the  hearts  of  the  whole  people  ; 
that  we  tender  the  family  of  the  illustrious  dead  our  sincere 
sympathy  and  condolence  :  that  a  copy  of  these  resolutions  be 
entered  upon  our  Journal,  engrossed  and  forwarded  to  Mrs. 
Grant  and  supplied  to  the  public  press. 

J.  F.  McClellax. 
James  R.  Challen, 
A.  E.  Maxwell, 
L.  W.  Bethel, 
David  S.  Walker.  Jr. 

"Which  was  read. 

Appropriate  addresses  were  made  by  Messrs.  Challen, 
Baker,  Maxwell  and  Conover. 

Mr.  Conover  moved  the  adoption  of  the  resolution  ; 
Which  was  agreed  to. 

Mr.  Baker  moved  that  as  a  further  tribute  to  the  memory  of 
General  Grant,  the  Convention  do  now  adjourn  until  to-mor- 
row at  9  o'clock  A.  M.  : 

Which  was  agreed  to,  and  the  Convention  was  so  adjourned. 


518 


FORTY-THIRD  DAY. 


THURSDAY,  July  30,  1885. 

The  Convention  met  pursuant  to  acljournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett, Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jef- 
tferson,  Clark  of  Jackson,  Coker,  Conover,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hausman, 
Hendley,  Henderson,  Herndon,  Hicks,  Hocker,  Humphries, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Malone,  Mann,  Maxwell,  Miller,  Milton,  Morgan, 
McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Or- 
man,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearin- 
gen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins,  Turnbull, 
Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge 
and  Zipperer^ — 100. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Fowler  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with. 

The  Journal  was  corrected  and  approved. 

Messrrs.  Hatch  and  Parker  were  excused  on  account  of  sick- 
ness. 

The  Convention  resumed  the  consideration  of  Article  XIY, 
on  Suffrage  and  Eligibility. 

Mr.  Turnbull  moved  to  reconsider  the  vote  by  which  section 
4  was  passed  yesterday. 

Mr.  Lesley  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  not  ageed  to. 

The  question  was  then  upon  the  motion  to  reconsider ; 

Which  was  agreed  to,  and  the  vote  was  reconsidered. 

Mr.  Turnbull  moved  to  reconsider  the  vote  by  which  the 


f 


519 

amendment  to  section  -t  oiferecl  by  Mr.  Yonge  on  yesterdav 
was  lost : 

WMcli  was  agreed  to. 

Mr.  Yonge  then  moved  the  adoption  of  the  following 
amendment  oS^ered  by  him  on  yesterday  : 

In  lines  6  and  S  strike  out  "shall  thereby  forfeit.'"  and  in- 
sert "  shall  upon  conviction  thereof  be  deprived  of." 

Mr.  Speer  moved  the  adoption  of  the  amendment  and 
moved  the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  upon  the  adoption  of  the  amendment 
onered  by  Mr.  Yonge. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Blount.  Coker,  Davidson,  Duncan.  Fogarty, 
Hausman.  Herndon.  Humphries.  Johnston.  Maxwell.  McClel- 
ian.  Odom.  Paterson.  Pelot.  Randell  of  Madison.  Richard. 
Robertson.  Sheats.  Swearingen.  Taylor.  Wadswonh,  Weeks. 
Wilson  of  Clay.  Wilson  of  Polk  and  Manatee,  and.  Yonge — 24. 

Xays — Messrs.  Baker,  Bell  of  Brevard  and  Dade.  Bell  of 
Hamilton.  Bennett.  Blackburn,  Broome.  Bush.  Carter.  Carr, 
Carson.  Challen,  Chandler.  Clark  of  Jackson.  Conover.  Cook. 
Davis.  Earle.  Edge.  Fowler.  G-enovar.  G-ibbs.  G-oodbread.  G-oss. 
Greeley.  Hargret.  Hendley.  Henderson.  Hocken  Hunter.  Ives. 
Jones.  Leslev.  Lewis.  Love.  Lutterloh.  Malone.  Mann, 
Miller.  Milton.  Mircaeli.  Morgan.  McCaskill.  McKinnon,  01- 
iveros.  Orman.  Parkhill.  Parsons.  Petty.  Rau'lali  of  Duval, 
Randolph.  Rogers.  Rowe.  Sanchez.  Scot:.  Speer.  Stone.  Ted- 
der. Thompson.  Tolbert.  Tompkins.  Turnbull.  Walker.  Jr.. 
Walter.  Wellman.  Westcott.  Wylly  and  Zipperer — 67. 

So  the  amendment  was  not  agreed  to. 

Mr.  Bennett  oifered  to  amend  section  -i  as  follows : 

Substitute  "  but  ■■  lor  "and"  in  Tth  line,  substitute 
"  when  "  for  "  before  "  in  9th  line  ; 

Which  was  accepted. 
Section  4  was  then  passed  as  amended.  . 
The  consideration  of  section  S  was  resumed. 
The  question  was  upon  the  amendment  ofered  by  Mr.  Yonge 
on  yesterday  as  follows  : 

Strike  out  in  line  2.  section  S.  Article  XIV.  the  words  by 
the  Clerk  of  the  Circuit  Court  in  each  county ;" 

Which  was  agreed  to.  and  the  amendment  was  adopted. 
Section  S  was  then  passed  as  amended. 


520 


Mr.  Humphries  moved  to  reconsider  the  vote  by  which  sec- 
tion 1  was  passed  yesterday. 

The  question  was  on  the  motion  to  reconsider. 

Mr.  Speer  moved  to  lay  the  motion  to  reconsider  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Carter,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Fogarty,  Genovar, 
Gillis,  Hausman,  Hendle^^,  Herndon,  Hocker,  Hope,  Johnston, 
Jones,  Love,  Lutterloh,  Malone,  Maxwell,  Milton,  Morgan, 
McCaskill,  McClellan,  Neel,  Odom,  Parkhill,  Parsons,  Pater- 
son,  Randellof  Madison,  Randolph,  Richard,  Robertson,  Scott, 
Speer,  Stone,  Swearingen,  Taylor,  Wadsworth,  Walker,  Jr., 
Weeks,  Wellman,  Wilson  of  Clay,  Wylly  and  Yonge — 54. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bush,  Carr,  Challen,  Chandler,  Conover,  Edge, 
Fowler,  Gibbs,  Goodbread,  Goss,  Greeley,  Hargret,  Hender- 
son, Hicks,  Humphries,  Hunter,  Lesley,  Lewis,  Mann,  Miller, 
Mitchell,  Oliveros,  Orman,  Petty,  Randall  of  Duval,  Rogers, 
Rowe,  Sanchez,  Sheats,  Thompson,  Tolbert,  Tompkins,  Turn- 
bull,  Walter,  Westcott,  Wilson  of  Polk  and  Manatee  and 
Zipperer — 40. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 

Mr.  Yonge  offered  the  following  additional  section  : 

Sec.  2.  Every  elector  shall,  at  the  time  of  his  registration, 
take  and  subscribe  to  the  following  oath :  "  I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitu- 
tion of  the  United  States  and  of  the  State  of  Florida,  that  I 
am  twenty-one  years  of  age,  and  have  been  a  resident  of  the 
State  of  Florida  for  twelve  months  and  of  this  county  six 
months,  and  am  qualified  to  vote  under  the  Constitution  of 
the  State  of  Florida." 

Which  was  passed  without  amendment. 

Mr.  Green  was  excused  on  account  of  sickness. 

Mr.  Oliveros  offered  the  following  additional  section  : 

Sec.  — .  At  any  election  at  which  a  citizen  or  subject  of  any 
foreign  country  shall  offer  to  vote  under  the  provisions  of  this 
Constitution,  if  required  by  any  elector  shall  produce  to  the 
persons  lawfully  authorized  to  conduct  and  supervise  such 
election  a  duly  sealed  at^d  certified  copy  of  his  declaration  of 
intention,  and  if  unable  to  do  so  by  reason  that  such  copy 
cannot  be  obtained  at  the  time  of  said  election,  he  shall  be  al- 
lowed to  make  affidavit  before  a  proper  officer,  setting  forth 


521 


the  reason  Tvhy  he  is  unable  to  furnish  such  certificate,  and  if 
said  affidavit  proves  satisfactory  to  the  inspectors  they  shall 
allow  said  elector  to  cast  his  vote  ;  and  any  naturalized  citizen 
offering  to  vote  shall  if  so  required  hy  any  elector  produce  his 
certificate  of  naturalization  or  a  duly  sealed  certified  cop3' 
thereof  and  in  the  event  that  said  elector  cannot  produce  the 
same,  he  shall  be  allowed  to  make  affidavit  before  a  proper  of- 
ficer stating  in  full  the  reason  why  it  cannot  be  furnished,  and 
if  satisfactory  to  the  inspectors  of  said  election,  said  elector 
shall  be  allowed  to  vote  at  said  election  ; 

Which  was  passed  without  amendment. 

Mr.  Mann  oflered  the  following  additional  section  : 

Xo  law  shall  ever  be  passed  under  this  Constitution  that  will 
prevent  any  voter  from  putting  any  private  mark  he  may  choose 
upon  his  ballot,  which  may  consist  of  his  name. 

Mr.  Humphries  moved  to  lay  the  additional  section  on  the 
table. 

Th3  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bethel,  Blackburn,  Blount, 
Carter,  Clarke  of  Jefferson,  Clark  of  Jackson.  Coker,  David- 
sou,  Davis,  Duncan,  Earle,  Edge,  P'ogarty,  Genovar.  Haus- 
man,  Henderson,  Herndon,  Hope,  Humphries,  Ives,  Johnston, 
Jones,  Love,  Lutterloh,  Malone,  Milton,  Morgan,  McCaskill, 
McClellan,  Xeel,  Odom,  Oliveros,  Orman,  Paterson.  Pelot, 
Randell  of  Madison,  Bandolph,  Richard,  Robertson,  Rogers, 
iScott,  Speer,  Stone,  Swearingen,  Taj^lor.  Tedder,  TurnbuU. 
Wads  worth,  Weeks,  Wellman,  Wilson  of  Clay,  Wylly  and 
Yonge — r)4. 

Xays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bush,  Carr,  Challen,  Chandler,  Conover, 
Cook,  Fowler,  Gibbs,  Gillis,  Groodbread,  Goss,  Greelej',  Green, 
Hargret,  Hicks,  Hocker,  Hunter,  Lewis,  Mann.  Maxwell,  Miller, 
Mitchell,  McKinnon,  Parsons,  Petty,  Randall  of  Duval,  Rowe, 
Thompson,  Tolbert,  Tompkins.  Walker,  Jr.,  Walter.  Westcott 
and  Zipperer — 38. 

So  the  motion  to  lay  the  new  section  on  the  table  was 
agreed  to 

Messrs.  Walter  and  Fogarty  were  excused. 

The  following  additional  section  was  offered  by  Mr.  Miller  : 

The  Legislature  shall  prescribe  that  all  ballots  shall  be  of 
uniform  size,  and  upon  plain  white  paper,  and  that  no  ballot 
known  as  a  tissue  ballot  or  upon  papsr  of  a  different  material 
or  of  less  size  than  prescribed,  shall  ever  be  counted  at  any 
election. 


522 


Mr.  Mann  olfered  the  following  substitute  : 

The  Legislature  shall  pass  such  laws  as  will  prevent  frauds 
at  election,  and  shall  provide  a  uniform  size  of  ballot  to  the 
effect  that  all  ballots  shall  be  alike  as  to  color,  size  and  quali- 
ty of  paper. 

Mr.  Baker  offered  the  following  amendment  to  the  sub- 
stitute : 

And  no  inspector  of  election  shall  fold  or  turn  down  the  cor- 
ner of  any  ballot,  but  shall  deposit  it  in  the  box  as  he  receives 
it  from  the  hands  of  the  voter. 

Mr.  Turnbull  moved  to  lay  the  additional  section,  the  sub- 
stitute therefor  and  the  amendment  to  the  substitute,  on  the 
table. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Blackburn,  Blount,  Carter,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 
Davis,  Earle,  Fogarty,  Genovar,  Gillis,  Green,  Hausman,  Hend- 
ley,  Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Jones,  Love,  Lutterloh,  Malone, 
Maxwell,  Milton,  Morgan,  McCaskill,  McClellan,  McKin- 
non,  Neel,  Odom,  Oliveros,  Orman,  Parkhill,  Paterson,  Pelot, 
Randell  of  Madison,  Richard,  Robertson,  Scott,  Sheats, 
Speer,  ^tone,  Swearingen,  Ta^^lor,  Tedder,  Tolbert,  Turnbull, 
Wadsworth,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Wylly  and  Yonge — 63. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bush,  Carr,  Challen,  Chandler,  Conover,  Edge,  Fow- 
ler, Gibbs,  Goodbread,  Goss,  Greele}^  Hargret,  Lewis,  Mann, 
Miller,  Mitchell,  Petty,  Randall  of  Duval,  Thompson,  Tomp- 
kins, Walker,  Jr.,  Walter,  Westcott  and  Zipperer — 26. 

So  the  motion  to  lay  upon  the  table  was  agreed  to. 

Mr.  Mann  offered  the  following  additional  section : 

The  Legislature  shall  enact  such  laws  as  will  preserve  the 
purity  of  the  ballot  given  under  this  Constitution  ; 
Which  was  adopted. 
Mr.  Carson  offered  the  following : 

The  Legislature  shall  prescribe  the  manner  of  voting,  the 
kind  of  vote,  in  such  manner  as  to  prevent  fraud.  In  case  of 
contested  elections  such  laws  shall  be  passed  as  will  in  the 
quickest  and  fairest  manner  give  the  result ; 

Which  upon  motion  of  Mr.  Bennett  was  laid  upon  the  table. 
Mr.  Conover  offered  the  following  additional  section ; 


523 


That  all  ballots  cast  at  any  State,  county  or  district  election 
shall  be  preserved  in  the  office  of  the  Clerk  of  the  Circuit 
Court  of  the  county  where  an  election  is  held  for  six  months 
from  the  date  of  such  election.  Provided^  That  they  shall 
not  be  subject  to  the  inseection  of  any  person  except  in  the 
presence  of  the  Clerk,  and  then  only  b}-  the  candidate  or  can- 
didates for  election  to  office  at  the  said  election  and  his  at- 
torney or  attorneys. 

Mr.  Davis  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Miller  offered  the  following  additional  section  : 

Xo  person  shall  be  deprived  of  the  right  to  vote  for  any 
supposed  failure  to  pa}'  poll  taxes,  if  he  shall  swear  at  the  polls 
that  he  has  actually  paid  the  poll  tax  assessed  against  him. 

Mr.  Wilson  moved  to  lay  the  additional  section  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Mann  offered  the  following  additional  section  : 

All  elections  for  county  officers  held  under  this  Constitution 
shall  be  on  the  second  Tuesday  in  Julv. 

Mr.  Pelot  moved  to  postpone  the  consideration  of  the  addi- 
tional section  until  the  report  of  the  Committee  on  Schedule 
be  received  ; 

Which  was  agreed  to. 

Mr.  Carr  offered  the  following  additional  section  : 

That  the  collector  or  clerk,  or  his  deput}'  shall  not  deliver 
the  receipt  for  the  poll  tax  to  any  other  than  the  person 
named  in  the  said  receipt. 

Mr.  Thompson  moved  the  adoption  of  the  additional  section 
and  moved  the  previous  question. 

The  previous  question  was  ordered  and  the  additional  sec- 
tion was  passed  without  amendment. 

Mr.  Turnbull  moved  the  adoption  of  Articb  XIT,  on  Suf- 
frage and  Eligibility,  and  that  it  be  engrossed  as  amended  for 
a  third  reading  : 

Which  was  agreed  to  and  it  was  so  ordered. 

ARTICLE  XIY. 

SUFFRAGE  AND  ELIGIEILITY. 

Sectox  1.  Every  male  person  of  the  age  of  twent3'-one  years 
and  upwards,  who  shall,  at  the  time  of  registration,  be  a  citi- 
zent  of  the  United  States,  or  who  shall  have  declared  his  in- 
tention to  become  such  in  conformity  to  the  laws  of  the  United 


524 


States,  and  who  shall  have  resided  and  had  his  habitation, 
domicile,  home  and  place  of  permanent  abode  in  Florida  for 
one  year,  and  in  the  county  for  six  months,  and  shall  have  paid 
his  poll  tax,  if  he  be  subject  to  such  tax,  for  the  year  in  which 
such  election  shall  be  held  and  for  the  year  preceding,  if  he 
was  then  subject  to  such  tax,  shall  in  such  county  be  deemed 
a  qualified  elector  at  all  elections  under  this  Constitution. 

Sec.  2.  Every  elector  shall,  at  the  time  of  his  registration, 
take  and  subscribe  to  the  following  oath  :  "  I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitution 
of  the  United  States  and  of  the  State  of  Florida,  that  I  am 
twenty-one  years  of  age,  and  have  been  a  resident  of  the  State 
of  Florida  for  twelve  months  and  of  this  county  six  months, 
and  I  am  qualified  to  vote  under  the  Constitution  of  the  State 
of  Florida." 

Sec.  3.  No  person  under  guardianship,  non  compos  mentis  or 
insane  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  felony  by  a  court  of  record  be  qualified 
to  vote  at  any  election  unless  restored  to  civil  rights. 

Sec.  4.  The  legislature  shall  have  power  and  shall  enact  the 
necessary  laws  to  exclude  from  every  office  of  honor,  power,  trust 
or  profit,  civil  or  military,  within  the  State,  and  from  the  right  of 
suffrage,  all  persons  convicted  of  bribery,  perjury,  larceny,  or 
of  infamous  crime,  or  who  shall  make  or  become  directl}^  or 
indirectly  interested  in  any  bet  or  wager,  the  result  of  which 
shall  depend  upon  any  election ;  or  who  shall  hereafter  fight  a 
duel  or  send  or  accept  a  challenge  to  tight,  or  who  shall  be  a 
second  to  either  party,  or  be  the  bearer  of  such  challenge  or 
acceptance  ;  but  the  legal  disability  shall  not  accrue  until  after 
trial  and  conviction  by  due  form  of  law. 

Sec.  5.  Any  person  who  shall  give,  or  promise  or  offer  to 
give,  to  an  elector  any  money,  reward  or  other  valuable 
consideration  for  his  vote  at  an  election  in  this  State,  or  for 
witholding  the  same,  or  who  shall  give  or  promise  to  give  such 
consideration  to  any  other  person  or  party  for  such  elector's 
vote,  or  for  the  withholding  thereof,  and  any  elector  who  shall 
receive  or  agree  to  receive  for  himself  or  for  another,  any 
money,  reward  or  other  valuable  consideration  for  his  vote  at 
an  election,  or  for  withholding  the  same,  shall  thereby  forfeit 
the  right  to  vote  at  such  election,  but  any  elector  whose  right 
to  vote  shall  be  challenged  for  such  cause  before  the  election 
officers  shall  be  required  to  swear  or  affirm  that  the  matter  of 
the  challenge  is  untrue  when  his  vote  shall  be  received. 

Sec.  6.  Any  person  who  shall,  while  a  candidate  for  office, 
be  guilty  of  bribery,  fraud,  or  wilful  violation  of  any  election 
law,  shall  be  forever  disqualified  from  holding  an  office  of  trust 


525 


or  profit  under  the  laws  of  this  State  ;  and  any  person  con- 
victed of  wilful  violation  of  the  election  laws  shall,  in  addi- 
tion to  any  penalties  provided  by  law.  be  deprived  of  the 
right  of  suffrage  absolutel}'  for  a  term  of  six  years. 

Sec.  7.  In  all  elections  by  the  Legislature  the  vote  shall  be 
viva  voce^  and  in  all  elections  by  the  people  the  vote  shall  be 
by  ballot. 

Sec.  S.  The  Legislature,  at  its  first  session  af-.er  the  rati- 
fication of  this  Constitution,  shall  by  law  provide  for  the  regis- 
tration of  all  the  legally  qualified  voters  in  each  county,  and 
for  the  returns  of  elections ;  and  shall  also  provide  that  after 
the  completion,  from  time  to  time,  of  such  registration,  no  per- 
son not  duly  registered  according  to  law  shall  be  allowed  to 
vote. 

Sec.  9.  At  any  election  at  which  a  citizen  or  subject  of  any 
foreign  country  shall  offer  to  vote  under  the  provisions  of  this 
Constitution,  if  required  by  an}'  elector  shall  produce  to  the 
persons  lawfulh'  authorized  to  conduct  and  supervise  such  elec- 
tion, a  duly  sealed  and  certified  copy  of  his  declaration  of  in- 
teution,  and  if  unable  to  do  so  by  reason  that  such  copy  cannot 
be  obtained  at  the  time  of  said  election,  he  shall  be  allowed  to 
make  affidavit  before  a  proper  officer,  setting  forth  the  reason 
why  he  is  unable  to  furnish  such  certificate,  and  if  said  affida- 
vit proves  satisfactory  to  the  Inspectors  they  shall  allow  said 
elector  to  cast  his  vote,  and  any  naturalized  citizen  offering  to 
vote  shall,  if  so  required  by  any  elector,  produce  his  certificate 
of  naturalization,  or  a  duly  certified  cop}'  thereof,  and  in  the 
event  said  elector  cannot  produce  the  same  he  shall  be 
allowed  to  make  affidavit  before  a  proper  officer,  stating  in 
full  the  reason  why  it  cannot  be  furnished,  and  if  satisfactory 
to  the  Inspectors  of  said  election,  said  elector  shall  be  allowed 
to  vote  at  said  election. 

Sec.  10.  That  the  Collector  or  Clerk,  or  his  deputy,  shall 
not  deliver  the  receipt  for  the  poll  tax  to  any  other  than  the 
person  named  in  the  said  receipt. 

Sec.  11.  The  Legislature  shall  enact  such  laws  as  will  pre- 
serve the  purity  of  the  ballot  given  under  this  Constitution. 

Mr.  Miller  moved  to  reconsider  the  vote  by  which  Article 
XIY  was  passed  ; 

Which  was  placed  among  the  orders  of  the  day. 

The  substitute  for  Article  XIII  on  Census  and  Apportion- 
ment and  the  additional  sections  offered  by  the  minority  of  the 
committee  came  up  for  consideration  on  the  second  read- 
ing. 

Section  1  was  read. 

Mr.  McClellan  offered  to  amend  as  follows : 


526 


Section  1.  The  apportionmeut  for  the  House  of  Represen- 
tatives shall  be  as  follows  :  Alachua  county  shall  have  three 
(3)  Representatives  ;  Baker,  one  (1) ;  Bradford,  two  (2)  ;  Bre- 
vard, one  (1)  ;  Calhoun,  one  (1)  ;  Clay,  one  (1)  ;  Columbia,  two 
(2) ;  Dade,  one  (1)  ;  Duval,  three  (3 j  ;  Escambia,  three  (3)  ; 
Franklin,  one  (1);  Gadsden,  two  (2);  Hamilton,  two  (2) ; 
Hernando,  two  (2)  ;  Hillsborough,  two  (2)  ;  Holmes,  one  (1)  ; 
Jackson,  two  (2)  ;  Jelferson,  two  (2) ;  Lafayette,  one  (1)  ; 
Leon,  three  (3)  ;  Levy,  one  (1);  Liberty,  one  (1);  Madison, 
two  (2) ;  Manatee,  one  (1)  ;  Marion,  three  (3)  ;  Monroe,  two 
(2)  ;  Nassau,  two  (2)  ;  Orange,  three  (3)  ;  Polk,  one  (1)  ;  Put- 
nam, two  (2)  ;  St.  Johns,  two  (2)  ;  Santa  Rosa,  two  (2)  ;  Sum- 
ter, two  (2)  ;  Suwanee,  two  (2)  ;  Taylor,  one  (1)  ;  Yolusia, 
two  (2) ;  Wakulla,  one  (1);  Walton,  one  (1);  Washington, 
one  (1). 

Mr.  Lesley  moved  to  lay  the  amendment  on  the  table. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevr  rd  and 
Dade,  Bell  of  Hamilton,  Bennett,  Blackburn,  Broome,  Bush, 
Carter,  Carr,  Carson,  Challen,  Chandler,  Davidson,  Duncan, 
Earle,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss,  Gree- 
ley, Hargret,  Hendley,  Henderson,  Hicks,  Hocker,  Hope,  Hum- 
phries, Hunter,  Ives,  Lesley,  Lewis,  Lutterloh,  Miller,  Mitch- 
ell, Neel,  Oliveros,  Pelot,  Petty,  Randall  of  Duval,  Richard, 
Robertson,  Rogers,  Sanchez,  Sheats,  Speer,  Stone,  Thompson, 
Tolbert,  Tompkins,  Walker,  Jr.,  Walter,  Weeks,  Westcott, 
Wilson  of  Clay,  /Yilson  of  Polk  and  Manatee,  Wylly,  Yonge 
and  Zipperer — 61. 

Nays — Messrs.  Blount,  Clarke  of  Jefferson,  Clark  of  Jack- 
son, Coker,  Conover,  Cook,  Davis,  Edge,  Fogarty,  Green, 
Hausman,  Herndon,  Johnston,  Jones,  Love,  Malore,  Maxwell, 
Milton,  Morgan,  McClellan,  McKinnon,  Odom,  Orman,  Park- 
hill,  Paterson,  Randell  of  Madison,  Scott,  Swearingen,  Taylor, 
Tedder,  Turnbull  and  Wadsworth— 32. 

Mr.  Sanchez  moved  to  amend  as  follows  : 

Strike  out  all  of  section  1  down  to  "  and  "  in  4th  line  and 
insert  "  Senators  from  all  the  districts  shall  be  elected  in  the 
year  1886  and  shall  be  the  first  Senate  under  this  Constitu- 
tion." 

Mr.  Lesley  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table. 

Section  1  was  then  passed  without  amendment. 
Section  2  was  read. 


Mr.  Taylor  moved  to  amend  Section  2  as  follows : 

Strike  out  in  line  1,  of  section  2,  the  words  '"which  convene 
in  the  year  1889  and  thereafter,'"  and  insert  the  following :  *'  Of 
this  State,  except  the  first  held  under  this  Constitution/' 

Mr.  Lesley  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Section  2  was  then  passed  without  amendment. 
Section  3  was  read. 

Mr.  McClellan  otfered  to  amend  as  follows  : 

And  no  county  shall  have  more  than  three  Representa- 
tives. 

Mr.  Challen  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment. 
Mr.  McClellan  moved  the  previous  question. 
The  previous  question  was  ordered,  and  the   question  was 
upon  the  adoption  of  the  amendment. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Blackburn,  Blount, 
Broome,  Carson,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Green,  Hausman,  Henderson,  Herndon,  Hope,  Ives,  John- 
ston, Jones,  Love,  Lutterloh.  Malone,  Milton,  Morgan,  Mc- 
Clellan, McKinnon,  Xeel.  Odom,  Orman,  Parkhill,  Paterson, 
Randell  of  Madison,  Richard,  Robertson,  Rogers,  Scott, 
Sheats,  Stone,  Swearingen,  Tavlor.  Tedder,  Weeks.  Wilson 
of  Clay,  Wylly  and  Yonge— 48."^ 

Xays — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Bush, 
Carter,  Carr,  Challen,  Chandler,  Conover,  Cook,  Fowler, 
G-enovar,  Gibbs,  Goodbread,  Goss,  Greeley,  Hargret,  Hicks, 
Hocker,  Humphries,  Hunter.  Lesley,  Lewis,  Miller,  Mitchell, 
Oliveros,  Pelot.  Petty,  Randall  of  Duval,  Sanchez,  Speer, 
Thompson,  Tolbert.  Tompkins,  TurnbuU,  Wadsworth. 
Walker,  Jr.,  Walter,  Westcott,  Wilson  of  Polk  and  Mana- 
tee and  Zipperer — 42. 

So  the  amendment  was  adopted. 

Mr.  Chandler  offered  the  following  substitute: 

Strike  out  all  after    members,""  in  5th  line. 
Mr.  Johnston  moved  to  lay  the  motion  on  the  table. 
Which  was  agreed  to,  and  the  amendment  was  l-dd  upon  the 
table. 

Mr.  Duncan  moved  to  reconsider  the  vote  by  which  the 
amendment  to  section  3  offered  by  Mr.  McClellan  was  passed. 


528 


Mr.  McClellan  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  agreed  to. 

Mr.  Baker  offered  the  following  amendment : 

Strike  out  all  after  ''members,"  in  5th  line  and  insert, 
Provided,  Every  county  shall  have  at  least  one. 

Pending  discussion  the  Convention  took  a  recess  until  4 
o'clock  P.  M.  to-day. 


FOUR  O'CLOCK   P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush,  Carter, 
Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Barle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Greeley,  Green,  Hausman,  Hendley,  Henderson, 
Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives, 
Johnston,  Jones,  Lesle}^,  Lewis,  Love,  Lutterloh,  Malone, 
Mann,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  McCas- 
kill,  McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman, 
Parker,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Robertson, 
Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Taylor, 
Tedder,  Thompson,  Tolbert,  Tompkins,  Turnbull,  Wadsworth, 
Walker,  Jr.,  Walter,  Weeks,  Westcott,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 
98. 

A  quorum  present. 

Mr.  Rogers  was  excused  for  the  evening. 

Mr.  Bethel  was  excused  on  account  of  sickness. 

Mr.  Mann  stated  that  he  withdrew  his  motion  to  reconsider 
the  vote  by  which  section  7,  Article  XIY,  on  Suffrage  and 
Eligibility,  was  stricken  out. 

Tht*  Convention  resumed  the  consideration  of  Article  XIII. 

The  question  was  upon  the  amendment  to  section  3  offered 
by  Mr.  Baker. 

On  motion  of  Mr.  McClellan,  the  amendment  was  laid  on  the 
table. 


( 


529 


Section  3  was  then  passed  as  amended. 
Section  i  was  read. 

Mr.  Sheats  orf'ered  to  amend  as  follows  : 

By  inserting  after  "  assigned"  in  tiie  5tli  line,  "when  cre- 
ated:"" 

Which  was  agreed  to.  and  section  4  was  passed  as  amended. 
Mr.  Baker  offered  the  following  additional  section  : 
Sec.  o.  The  Legislature  of  the  State  of  Florida  in  the  year  of 
onr  Lord  one  thousand  eight  hundred  and  ninety-five,  and 
every  ten  years  thereafter,  shall  cause  an  enumeration  to  be 
made  of  all  the  inha'jitants  of  the  State  of  Florida  by  coun- 
ties, and  shall  at  the  first  regular  session  after  the  year  one 
thousand  eight  hundred  and  ninety-five  pr«-  ceed  to  apportion 
the  representation  among  the  different  counties  of  the  State. 
Mr.  McClellan  offered  the  following  substitute  : 
The  Legislature  shall  provide  for  an  enumeration  of  all  of 
the  inhabitants  of  the  State  by  counties  for  the  year  1S95.  and 
every  ten  years  thereafter  : 

Which  was  accepted  by  Mr.  Baker. 

Mr.  Lesley  moved  to  lay  the  additional  section  on  the  table  ; 
Which  was  not  agreed  to. 

The  a'iditional  section  was  then  passed  as  substituted. 
Article  XIII  on  Census   and   Apportionment  was  read  as 
amended. 

Mr.  Lesley  moved  that  the  Article  be  ordered  engrossed, 
spread  upon  the  Journal  and  passed  for  a  third  reading. 

ARTICLE  — . 

CEXSrS  AND  APPORTIONMENT. 

Section  1.  The  Senators  representing  the  odd  numbered 
districts,  as  said  districts  are  now  designated,  whose  terms 
have  not  expired,  and  those  Senators  representing  even  num- 
bered districts,  to  be  elected  in  the  year  A.  L.  1SS6,  under 
the  Constitution  of  1S6S.  shall  be  the  first  Senate  under  this 
Constitution,  and  the  members  of  the  Assembly  to  be  elected 
in  the  year  IS86  shall  be  the  first  iBiouse  of  Representatives 
under  this  Constitution,  and  the  Senate  and  iEouse  of  Repre- 
sentatives thus  constituted  shall  be  the  first  Legislature  under 
this  Constitution,  and  the  terms  of  office  of  each  of  the  said 
Senators  and  members  of  the  iEouse  of  Representatives  shall 
expire  at  the  election  for  Senators  and  members  of  the  iBouse  of 
Representatives  in  the  year  A.  D.  1S8S,  and  in  that  year  a  new 
Senate  and  House  of  Representatives  shall  be  elected. 

Sec  2.  The  Legislatures'  which  convene  in  the  year  1SS9 
and  thereafter  shall  consist  of  not  more  than  thirtv-two  io2) 
34 


530 


members  of  the  Senate,  and  of  not  more  than  sixty-eight  (68)  ' 
members  of  the  House  of  Representatives.  The  members  of 
the  House  of  Representatives  shall  be  elected  for  te^ms  of  two 
years,  and  the  members  of  the  Senate  shall  be  elected  for  terms 
of  four  years,  except  as  hereafter  provided,  the  elections  for 
members  of  the  Senate  and  House  of  Representatives  to  take 
place  at  the  same  time  and  place.  The  terms  of  Senators 
elected  in  1888  from  districts  designated  by  even  numbers, 
shall  expire  at  the  expiration  of  two  years  from  that  date,  and 
thereafter  all  Senators  shall  be  elected  for  four  years,  so  that 
one-half  of  the  whole  number  shall  be  elected  biennially. 

Sec.  3.  The  Legislature  which  shall  meet  in  the  year  A.  D. 
1887,  and  those  which  shall  meet  every  ten  years  thereafter, 
shall  apportion  the  representation  in  the  Senate,  the  whole 
number  of  Senators  not  to  exceed  thirty-two  (32)  members, 
and  at  the  same  time  shall  also  apportion  the  representation  in 
the  House  of  RepresentatiA^es,  the  whole  number  of  Represen- 
tives  not  to  exceed  sixty -eight  (68)  members.  The  represen- 
tation in  the  House  of  Representatives  shall  be  apportioned 
among  the  several  counties  as  near  as  possible  according  to 
population  ;  Provided^  PJach  county  shall  have  one  represen- 
tative at  large  in  the  House  of  Representatives,  and  no  county 
shall  have  more  than  three  Representatives. 

Sec.  4.  When  ary  Senatorial  District  shall  be  composed  of 
tv,'o  or  more  counties,  the  counties  of  which  such  district  con- 
sists shall  not  be  entirely  separated  by  any  county  belonging 
to  another  district.  Any  new  county  which  may  be  created 
shall  be  entitled  to  one  Representative  in  the  House  of  Rep- 
resentatives until  the  next  apportionment  thereafter,  and  be 
assigned  when  created  to  one  of  the  adjoining  Senatorial 
Districts  as  shall  be  determined  by  the  Legislature. 

Sec  5.  The  Legislature  shall  provide  for  an  enumeration  of 
all  the  inhabitants  of  the  State  b}^  counties  for  the  year  1895, 
and  every  ten  years  thereafter  ; 

Which  was  agreed  to,  and  it  was  so  ordered. 

Mr.  Love,  Chairman  of  the  Committee  on  Miscellaneous 
Provisions,  made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  30,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Miscellaneous  Provisions  to 
whom  was  referred — 

Additional  section  to  Article  XYI,  by  Mr.  Challen,  of  Du- 
val, in  relation  to  the  disability  of  officers, 

Respectfully  report  that  they  have  considered  the  same,  and 


531 


a  majority  of  your  committee  respectfully  recommend  the  adop- 
tion of  the  accompanying  section  as  a  substitute  for  the  origi- 
nal herewith  returned. 

Also  additional  section  by  Mr.  Blackburn,  in  relation  to  the 
payment  of  certain  officers,  has  been  duly  considered,  and 
your  committee  respectfully  recommend  its  adoption  as 
amended. 

Very  respectfulh', 

E.  C.  LovE- 
Chairman  of  Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
clay. 

SUBSTITUTE  TO  ADDITIONAL  SECTION  OF  ARTICLE  XVI. 

When  it  shall  appear  to  the  Grovernor  from  a  certificate  of 
two  practicing  Physicians  that  any  officer  of  this  State  not 
entitled  to  a  deputy  shall  from  an}^  cause,  happening  after  be- 
ing qualified,  become  incapable  of  properly  discharging  his 
official  duties,  the  Governor  may  appoint  an  officer  to  dis- 
charge such  duties  until  such  disabilit}^  shall  cease  or  until  a 
permanent  officer  is  qualified.  But  the  Governor  shall  report 
his  action  in  the  premises  to  the  Legislature  at  its  next  ensu- 
ing session  for  such  action  as  to  the  Legislature  shall  seem 
proper. 

ADDITIONAL  SECTION  TO  ARTICLE  XI. 

Section  — .  The  compensation  of  all  count}^  school  officers 
shall  be  paid  trom  the  school  fund  of  their  respective  counties, 
and  all  other  count^^  officers  receiving  stated  salaries  shall  be 
paid  from  the  general  count}'  fund  of  their  respective  coun- 
ties. 

Article  — ,  on  Schedule,  came  up  for  consideration  on  its 
second  reading. 

Section  1  was  read. 

Mr.  Clarke,  of  Jefierson,  moved  to  amend  by  striking  out 
the  words  "  and  it  is  ordained  "  and  That,"  in  line  2,  and  in- 
sert the  word  "  but,"  in  lieu  of  "  that  ;" 

Which  was  agreed  to. 

Section  2  was  read  and  passed  without  amendment. 
Section  3  was  read. 

Mr.  Pelot  moved  to  amend  by  striking  out  the  words  "  elec- 
ted and,"  and  insert  the  word    dul}'  "  instead  ; 
Which  was  agreed  to. 
Section  3  was  then  passed  as  amended. 
Section  4  was  read  and  passed  without  amendment. 
Section  5  was  read. 

Mr.  Hocker  moved  to  amend  by   striking   out  the  word 


532 


"  now,"  in  line  2,  and  adding  at  end  of  section,  the  words 
"  under  the  Constitution  of  1868 

Which  was  agreed  to,  and  section  5  was  passed  as  amended. 

Section  6  was  read  and  passed  without  amendment. 

Section  7  was  read  and  passed  without  amendment. 

Section  8  was  read  and  passed  without  amendment. 

Section  9  was  read. 

Mr.  Randell,  of  Madison,  moved  to  strike  out  the  words 
"  and  county,"  in  third  line. 

Mr.  Wilson,  cf  Polk,  moved  to  lay  the  motion  to  strike  out 
on  the  table ; 

Which  was  agreed  to. 

Section  9  was  then  passed  without  amendment. 
Section  10  was  read. 

Mr,  Oliveros  moved  to  amend  by  inserting  the  words  Jus- 
tices of  the  Peace,"  after  the  words County  Surve3^or,"  in 
line  3 ; 

Which  was  agreed  to,  and  section  10  was  passed  as  amended. 
Section  11  was  read  and  passed  without  amendment. 
Mr.  Conover  moved  to  amend  by  striking  out  the  words 
"  signed  by  the  members  of  this  Convention  ;  " 

Which  was  agreed  to,  and  section  11  was  passed  as  amencled. 
Section  12  was  read. 

Mr.  McClellan  moved  to  amend  by  inserting  the  word  "  cir- 
cuit," before  the  word    court"  in  line  4 ; 

Which  was  agreed  to  and  section  12  was  passed  as  amend- 
ed. 

Sec.  13  was  read. 

Mr.  Broome  offered  the  following  proviso : 

Provided^  That  the  ordinance  on  Temperance  shall  be  sub- 
mitted separately,  and  its  ratification  or  rejection  by  the  peo- 
ple shall  not  affect  the  ratification  or  rejection  of  this  Consti- 
tution ; 

Which  was  agreed  to. 

Mr.  Yonge  moved  to  amend  as  follows  : 

Insert  after  "  cast,"  "  upon  the  question." 

Which  was  accepted  and  section  13  was  passed  as  amended. 

Section  14  was  read  and  passed  without  amendment. 

Mr.  Yonge  moved  to  take  from  Article  — ,  on  Schedule, 
sections  13  and  14  and  put  them  in  the  shape  of  an  ordinance  \ 

Which  was  agreed  to  and  it  was  so  ordered. 

Mr.  Chandler  gave  notice  that  he  would  on  to-morrow  move 
to  reconsider  the  vote  by  which  section  13  was  passed. 

Mr.  Blount  offered  the  following  new  section  : 

Sec.  — .  All  courts  as  now  organized  and  constituted  shall 


533 


continue  with  their  jurisdiction  until  the  Legislature  shall  con- 
form to  the  requirements  of  this  Constitution  the  jurisdiction 
of  such  courts  as  under  this  Constitution  are  to  exercise,  in 
whole  or  in  part,  the  jurisdiction  of  courts  now  organized  ; 

Which  was  passed  without  amendment. 

Mr.  Hicks  offered  the  following : 

Any  Convention  called  in  conformity  with  the  provisions 
of  this  Constitution,  shall  have  full  power  to  provide  for  the 
expenses  thereof,  and  to  authorize  the  officers  of  the  State  to 
pay  the  same  out  of  any  monies  in  the  treasury  not  other- 
wise appropriated,  or  to  make  any  other  provision  for  the  same 
the}^  may  deem  expedient ; 

Which  was  referred  to  the  committee  on  Miscellaneous  Pro- 
visions. 

Mr.  Yonge  moved  that  Article  — ,  on  Schedule,  and  the 
Ordinance  on  Ratification  be  adopted  as  amended,  ordered  en- 
grossed, spread  upon  the  Journal  and  passed  to  a  third  read- 
ing; 

Which  was  agreed  to,  and  it  was  so  ordered. 

ARTICLE  NO.  — .  # 

SCHEDULE. 

Section  1.  The  Constitution  adopted  in  1868,  with  amend- 
ments thereto,  is  declared  to  be  superceded  by  this  Constitu- 
tion, but  all  rights,  actions,  claims  and  contracts,  both 
as  respects  individuals  or  bodies  corporate,  shall  continue 
to  be  as  valid  as  if  this  Constitution  had  not  been  adopted. 
And  all  fines,  taxes,  penalties  and  forfeitures  due  and  owing 
to  the  State  of  Florida  under  the  Constitution  of  1868  shall 
inure  to  the  use  of  the  State  under  this  Constitution. 

Sec  2.  All  laws  now  in  force  not  inconsistent  with  this  Con- 
stitution shall  continue  in  force  until  they  shall  expire  b}^  their 
own  limitation  or  be  repealed  by  the  Legislature. 

Sec.  3.  All  persons  holding  any  office  or  appointment  at  the 
ratification  of  this  Constitution  shall  continue  in  the  exercise 
of  the  duties  thereof,  according  to  their  respective  commissions 
or  appointments,  and  until  their  successors  are  duly  qualified, 
unless  by  this  Constitution  otherwise  provided. 

Sec  4.  Nothing  contained  in  this  Constitution  shall  operate 
to  vacate  the  office  of  Lieutenant-Governor  until  the  expira- 
tion of  his  present  term. 

Sec  5.  All  vacancies  occurring  by  limitation  of  terms  be- 
fore the  general  elections  in  1888  shall  be  filled  as  providtd 
for  by  law  under  the  Constition  of  1868. 

Sec  6.  The  term  of  office  for  all  appointees  to  fill  vacancies 


534 


in  any  of  the  elective  offices  shall  extend  only  to  the  election 
and  qualification  of  a  successor  at  the  ensuing  general  elec- 
tion. 

Sec.  t.  In  all  cases  of  elections  to  fill  vacancies  in  office 
such  election  shall  be  for  the  unexpired  term. 

Sec.  8.  Upon  the  ratification  of  this  Constitution  the  Com- 
missioner of  Lands  and  Immigration  shall  assume  the  office 
of  Commissioner  of  Agriculture,  and  his  duties  as  such  shall 
be  prescribed  by  the  first  Legislature  assembled  under  this- 
Constitution. 

Sec.  9.  A  general  election  shall  be  held  in  each  county  in 
this  State  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember, 1888,  and  every  two  years  thereafter,  for  all  elective 
State  and  county  officers  whose  terms  of  office  are  about  to 
expire,  or  for  any  office  which  shall  have  become  vacant. 

Sec.  10.  The  first  election  for  County  Judge,  Clerk  of  the  Cir- 
cuit Court,  Sheriff,  Tax  Assessor,  Tax  Collector,  County  Treas- 
urer, County  Superintendeut  of  Public  Instruction,  Couuty 
Surveyor,  Justices  of  the  Peace  and  Constables,  and  all  other 
elective  county  officers,  shall  be  at  the  general  election  in  1888. 

Sec.  11.  It  shall  be  the  duty  of  the  President  of  this  Conven- 
tion immediately  on  its  adjournment  to  certify  to  the  Grov- 
ernor  a  copy  of  this  Constitution. 

Sec.  12.  Upon  receipt  of  such  certified  copy  the  Governor 
shall  forthwith  announce  the  fact  by  proclamation,  to  be  pub- 
lished in  such  newspapers  in  this  State  as  may  be  deemed 
requisite  for  general  information,  and  five  printed  copies  of  such 
Constitution  shall,  by  the  Secretary  of  State,  be  transmitted 
to  the  Clerk  of  the  Circuit  Court,  nnd  five  to  the  County  Judge 
of  each  county,  which  shall  be  kept  on  file  in  their  respective 
offices  for  examination  by  any  person  desiring  the  same. 

Sec.  13.  All  Courts  as  now  organized  and  constituted  shall 
continue  with  their  jurisdiction  until  the  Legislature  shall 
conform  to  the  requirements  of  this  Constitution  the  jurisdic- 
tion of  such  Courts  as  under  this  Constitution  are  to  exercise 
in  whole  or  in  part  the  jurisdiction  of  Courts  now  organized. 

Sec.  14.  Tbe  terms  of  office  of  all  County  Officers,  unless 
otherwise  provided,  shall  commence  on  the  first  Tuesday  after 
the  first  Monday  in  January,  next  after  their  election. 

ORDINANCE  — . 

Section  1.  This  Constitution  shall  be  submitted  to  the  people 
of  the  State  of  Florida  for  ratification  on  tbe  first  Tuesday  af- 
ter the  first  Monday  in  November,  1886,  and  it  shall  require  a 
majority  of  the  votes  cast  upon  the  question  to  determine  its 
ratification  or  rejection.    Provided^  That   the   Ordinance  on 


535 


Temperance  shall  be  submitted  separately,  and  its  ratification 
or  rejection  by  the  people  shall  not  affect  the  ratification  or 
rejection  of  this  Constitution. 

Sec.  2.  At  such  election  each  qualified  elector  shall  ex- 
press his  assent  or  dissent  to  this  Constitution  by  having 
written  or  printed  upon  the  ticket  which  he  shall  vote  the 
words,  "  For  the  Constitution,"  or  "  Against  the  Constitution," 
such  election  being  subject  to  the  same  regulations  and 
restrictions  as  are  now  provided  for  by  law.  And  in  case  of 
its  ratification  by  the  people,  the  Governor  shall  forthwith 
cause  proclamation  to  be  made  of  the  fact,  and  it  shall  go  into 
efiect  on  the  first  day  of  January,  1887. 

Mr.  Clarke,  of  Jefferson,  moved  that  the  rules  be  waived 
and  Article  — ,  on  Schedule,  be  read  a  third  time  and  put  upon 
its  passage ; 

Which  was  agreed  to,  two-thirds  voting  in  the  affirma- 
tive. 

Article  — ,  on  Schedule,  was  then  read  a  third  time. 
Mr.  Orman  moved  to  amend  section  1  as  follows  : 

Insert  after  the  word  "adopted"  in  line  4,  "  but  no  cause 
of  action  heretofore  barred  shall  be  revived."  . 

Mr.  Pelot  moved  to  lay  the  amendment  on  the  table ; 
Which  was  agreed  to. 
.    Mr.  Turnbull  offered  to  amend  section  10  as  follows  : 

After  "  Constables,"  in  line  4,  insert  "shall  be  on  the  second 
Tuesday  in  July,  A.  D.  1888  ;" 

Which,  upon  motion,  was  laid  on  the  table. 

Mr.  Clarke,  of  Jefferson,  offered  the  following  additional 
section : 

The  terms  of  office  of  all  county  officers,  unless  otherwise 
provided,  shall  commence  on  the  first  Tuesday  after  the  first 
Monday' in  Januar}^  next  after  their  election  ; 

Which  was  read  the  first  time  and  passed  to  its  second  read- 
ing, an- 1  read  a  second  and  third  time. 

Mr.  Sanchez  offered  the  following  amendment  to  section  10  : 

Insert  after  "  Constables,"  in  third  line,   "  and  all  other 
elective  county  officers  ;" 
Which  was  adopted. 

The  question  was  then  upon  the  final  passage  of  Article  — , 
on  Schedule. 

The  3^eas  and  nays  were  called. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Blackburn,    Blount,  Broome,  Bush,  Carr,  Carson, 


536 


Challen,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Con- 
over,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty, 
Fowler,  Greuovar,  Gibbs,  Gillis,  Groodbread,  Goss,  Greeley, 
Green,  Hargret,  Hendley,  Henderson,  Herndon,  Hicks,  Hock- 
er,Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Landrum, 
Lesley,  Lewis,  Love,  Lutterloh,  Malone,  Maxwell,  Milton, 
Morgan,  McCaskill,  McClellan,  McKinnon,  Neel,  Odom,  Oli- 
veros,  Orman,  Parkhill,  Paterson,  Pelot,  Petty,  Randell  of 
Madison,  Richard,  Robertson,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Tajdor,  Tedder,  Thompson,  Tolbert, 
Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr.,  Weeks,  Weil- 
man,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — SI. 

Nays — Messrs.  Chandler,  Hausman  and  Miller — 3. 

So  Article  — ,  on  Schedule,  was  passed  as  stated. 

Mr.  Lesley  moved  to  suspend  the  rules  so  as  to  take  up 
Article  XIII,  on  Census  and  Apportionment,  for  a  third  read- 
ing ; 

Which  was  agreed  to. 

Article  XIII,  on  Census  and  Apportionment,  was  then  read 
the  third  time. 

Mr.  Chandler  moved  to  amend  section  3  as  follows : 

Strike  out  the  word  "  three,"  in  last  line,  and  insert  the  word 
"  four  "  in  lieu  thereof. 

Mr.  xMcClellan  moved  to  lay  the  amendment  on  the  table  ; 

Which  was  agreed  to,  and  the  amendment  was  laid  on  the 
table. 

Mr.  Baker  moved  to  strike  out  the  proviso  in  lines  1  and  8. 
Mr.  McClellan  moved  to  lay  the  motion  to  strike  out  on  the 
table  ; 

Which  was  agreed  to,  and  the  motion  was  tabled. 

Mr.  Challen  offered  to  amend  as  follows  : 

Strike  out  all  after  "  Provided  "  and  insert  "  Provided  that 
the  representation  in  the  House  of  Representatives  shall  not 
be  apportioned  according  to  population,  for  that  no  county 
shall  have  more  than  three  representatives  and  every  county 
shall  have  one 

Which,  upon  motion,  was  laid  upon  the  table. 

The  question  was  upon  the  final  passage  of  Article  XIII,  on 
Census  and  Apportionment. 

The  yeas  and  nays  were  called. 

The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bennett,  Blackburn,  Blount,  Broome,  Bush,  Carter,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 


537 


Davis,  Duncan,  Earle,  Edge,  Fogam-,  Genovar,  G-illis,  Good- 
bread,  Green,  Hargret.  Hausman,  Hendle}',  Henderson,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Ives,  Johnston,  Jones, 
Landrum,  Lesle}',  Love.  Lutterloh,  Malone,  Maxwell,  Milton. 
Morgan,  McCaskill,  McClellan,  McKinnon,  Xeel,  Odom,  Oli- 
veros,  Orman,  Parkhill,  Parsons,  Paterson,  Pelot,  Randell  of 
Madison,  Richard,  Robertson,  Rowe,  Sanchez,  Scott,  Sheats, 
Speer,  Stone,  Swearingen,  Ta^^lor,  Tedder,  Tolbert.  Tompkins, 
Turnbull,  Wadsworth,  Walker,  Jr.,  Weeks,  Wellman,  West- 
cott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly, 
Yonge  and  Zipperer~T9. 

Nays — Messrs.  Baker,  Carr,  Challen,  Chandler,  Conover, 
Fowler,  Gibbs,  Goss,  Greeley,  Hunter,  Lewis,  Miller,  Mitchell, 
Petty,  Thompson  and  Walter — 16. 

So  Article  XIII  was  passed  as  stated. 

Mr.  Pelot  moved  to  suspend  the  rales  and  that  Ordinance 
Xo.  — ,  on  the  Ratification  of  this  Constitution,  be  read  a  third 
time  ; 

Which  was  agreed  to. 

Ordinance  Xo.  — ,  on  the  Ratification  of  this  Constitution, 
was  read  a  third  time. 

Mr.  Chandler  moved  to  amend  section  1  as  follows : 

Strike  out  all  after  the  word  "  cast  "  in  line  3  to  and  in- 
cluding the  word  "  Constitution  "  in  line  4,  and  add  after  the 
word  rejection,"  in  line  5,  the  words  "in  deteruiining  what 
is  a  majority  of  the  electors  voting  at  such  election,  reference 
shall  be  had  to  the  highest  number  of  votes  cast  at  such  elec- 
tion for  the  candidates  for  any  office  or  on  any  question." 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to,  and  the  amendment  was  laid  upon  the 
table. 

Mr.  Pelot  offered  the  following  amendment  to  section  1  : 
Strike  out  after   the  word     question  "  in   third  line  to 

the  word     to  "  in  fourth  line  ; 

Which  was  agreed  to,  and  the  amendment  was  declared 

adopted. 

Mr.  Pelot  olfered  the  following  additional  section  as  a  sub- 
stitute for  the  proviso  offered  by  Mr.  Broome  this  evening  : 

And  at  the  same  time  Article  XYIII  shall  be  submitted  to 
the  people,  to  be  a  part  of  the  Constitution  of  Florida  if  adopted 
by  a  majority-  of  the  votes  cast  upon  the  question,  and  the 
ballots  of  those  voting  on  the  Article  shall  have  written  or 
printed  on  them  the  words  for  Article  XVIII  "  or  "  against 
Article  XYIII 

Which  was  agreed  to. 


538 


The  additional  section  was  read  a  third  time. 
Mr.  Thompson  olfered  to  amend  the  additional  section  as 
follows : 

Add  after  last  of  section  13,  "  Provided^  further^  That  the 
Ordinance  in  relation  to  making  the  payment  of  a  poll  tax  as 
a  prerequisite  to  the  right  to  vote  shall  be  submitted  to  the 
people  for  ratification  or  rejection  in  a  separate  Ordinance, 
and  if  adopted  shall  become  a  part  of  the  Constitution  of  this 
State." 

Mr.  Yonge  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

The  question  was  then  on  the  final  passage  of  the  ordinance. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Blackburn,  Blount,  Broome, 
Carter,  Carson,  Challen,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogart}', 
Genovar,  Gillis,  Goodbread,  Green,  Hausman,  Hendle}', 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hun- 
ter, Johnston,  Jones,  Lesley,  Love,  Lutterlob,  Malone,  Max- 
well, Milton,  Morgan,  McCaskill,  McClellan,  McKinnon, 
Neel,  Odom,  Oliveros,  Orman,  Parker,  Parkhill,  Parsons, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swear- 
ingen,  Taylor,  Tedder,  Tompkins,  Turnbuli,  Wadsworth, 
Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer — 18. 

Nays — Messrs.  Baker,  Chandler,  Conover,  Fowler,  Goss, 
Hargret,  Lewis,  Miller,  Mitchell,  Thompson  and  Walter — 11. 

So  the  ordinance  was  passed  as  stated. 

Mr.  Miller  offered  the  following  Ordinance  : 

AN  ORDINANCE 

TO  PROVIDE  FOR  THE  DISTRIBUTION  OF  THE  JOURNALS  OF  THIS 
CONVENTION  AND  THE  REVISED  CONSTITUTION. 

The  People  of  the  State  of  Florida  in  Convention  assembled^ 
do  ordain  as  folloivs  : 

The  printer  of  this  Convention  shall,  without  delay,  print 

and  have  stitched  in  pamphlet  form  —  thousand  copies  of 

the  Journals  of  this  Convention  and  thousand  copies  of 

the  Revised  Constitution,  and  immediately  deliver  the  same, 
together  with  a  statement  of  the  estimated  cost  thereof,  to  the 
Secretary  of  State,  who  shall,  as  soon  as  possible  after  their 


539 


publication,  distribute  copies  as  follows  :  To  each  of  the  offi- 
cers to  whom  he  is  at  present  required  to  distribute  copies  of 
the  acts  of  the  Legislature,  two  copies  ;  to  each  member  of  this 
Couvention,  two  copies  ;  to  each  Clerk  of  the  Circuit  Court  for 
general  distribution,  twelve  copies.  The  Secrerary  of  State 
shall  distribute  copies  of  the  Journals  and  Constitution  in  the 
s  ame  manner  that  he  is  required  to  distribute  acts  of  the  Leg- 
islature. 

The  next  Legislature,  after  the  passage  hereof,  shall  provide 
compensation  for  the  printing  and  distribution  of  the  docu- 
ments herein  required  to  be  printed  and  distributed. 

Which  was  referred  to  the  Committee  on  Miscellaneous 
Provisions. 

Mr.  Blount,  chairman  of  the  Special  Committee  on  Expendi- 
tures, made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  30, 1885. 

Hon.  Samuel  Pasoo, 

President  of  the  Convention  : 

Sir  :  Your  Committee  to  which  was  referred  the  subject 
matter  of  defraying  the  expenses  of  this  Convention,  and  the 
ordinance  introduced  by  the  Committee  on  Expenditures,  as 
amended  by  Mr.  Walker  Jr.,  of  Leon,  and  the  ordinance  in- 
troduced by  Mr.  Parsons,  of  Hernando,  beg  leave  to  report  : 

That  they  have  considered  the  matters  referred,  and  have 
communicated  with  the  Grovernor  of  the  State  regarding  his  ac- 
tion in  case  of  the  passing  of  the  ordinance  introduced  by  Mr. 
Parsons,  of  Hernando,  and  have  been  informed  by  him  that  he 
believes  that  he  would  have  no  right  to  countersign  the  war- 
rants as  directed  in  the  ordinance  of  Mr.  Parsons,  and  would 
refuse  so  to  do  ; 

That  your  committee  in  view  of  the  fact  that  any  legal  proceed- 
ings which  might  be  taken  to  determine  the  right  of  this  Conven- 
tion to  pass  and  make  effectual  the  ordinance  introduced  by 
Mr.  Parsons,  of  Hernando,  would  probably  extend  beyond  the 
session  of  this  Convention,  and  that  the  issue  thereof  is  doubt- 
tul,  recommend  that  the  ordinance  be  not  adopted,  but  that 
the  ordinance  recommended  by  the  Committee  on  Expendi- 
tures, as  amended  by  Mr.  Walker,  Jr.,  of  Leon,  be  adopted 
with  the  amendment  in  the  4th  Article  that  the  certificates  to 
be  issued  shall  bear  interest  at  the  rate  of  eight  (8)  per  cent- 
um per  annum. 

Wm.  a.  Blount, 

Chairman. 

Which  was  read  and  ordered  spread  upon  the  Journal. 


540 


Mr.  Parsons  offered  the  following  Ordinance  : 
AN  ORDINANCE 

TO  PROVIDE  FOR  THE  PAY  AND  MILEAGE  OF  THE  MEMBERS  AND 
OTHER  EXPENSES  OF  THE  CONVENTION. 

Be  it  ordainedhy  the  people  of  Florida,^  represented  in  Consti- 
tutional Convention  : 

Section  1.  The  pay  of  the  members  of  the  present  Consti- 
tutional Convention  shall  be  a  per  diem  for  attendance  of  six 
($6.00)  dollars  per  day  in  addition  to  mileage  of  ten  cents  per 
mile  each  way  from  their  places  of  residence  to  the  Capital 
and  return,  estimated  by  the  shortest  thoroughfare. 

Sec  2.  Beit  further  ordained  that  the  pay  of  the  Secretary 
and  Assistant  Secretary  of  the  Convention,  and  all  the  Clerks 
elected  by  the  Convention,  shall  be  six  ($6.00)  dollars  per 
diem  each,  allowing  the  Secretary  and  Assistant  Secretary  one 
day  after  adjournment  to  complete  unfinished  business  ;  all 
Committee  Clerks  shall  re-ceive  five  ($5.00)  dollars  per  diem 
for  the  number  of  days  certified  by  the  Chairman  of  the 
Committee;  the  pay  of  the  Sergeant-at-Arms  shall  be  six 
($6.00)  per  diem,  and  Assistant  Sergeant-at-Arms  shall  be 
five  ($5.00)  dollars  per  diem;  the  pay  of  the  Messengers  of 
the  Convention  shall  be  four  ($4.00)  dollars  per  diem  each  ; 
the  pay  of  the  Doorkeeper  shall  be  five  ($5.00)  dollars  per  diem  ; 
the  pay  of  Pages  shall  be  three  ($3.00)  per  diem  each  ;  the  pay 
of  the  Janitor  shall  be  two  ($2.00)  dollars  per  diem  ;  the  pay 
of  the  Chaplain  shall  be  one  hundred  dollars  ;  the  Recording 
Clerk  shall  complete  his  work  after  the  adjournment  of  the 
Convention,  under  the  supervision  of  the  Secretary  of  State, 
and  shall  be  paid  for  the  same  six  ($6.00)  dollars  per  day 
for  each  day  required  to  complete  his  work.  Eighteen  dol- 
lars shall  be  paid  W.  R.  Carter  for  services  as  Assistant  Sec- 
retary for  three  days. 

Sec.  3.  B^.  it  further  ordained^  That  the  Secretar}^  of  this 
Convention  be  and  he  is  hereby  authorized  to  audit  the  ac- 
count of  the  members  and  all  other  expenses,  and  upon  certifi- 
cates signed  by  the  President  and  Secretary,  the  Comptroller 
is  required  to  issue  his  warrants  for  the  amounts  thereof,  and 
the  Treasurer  shall  pay  the  same  out  of  any  moneys  in  the 
Treasury  not  otherwise  appropriated.  All  laws  conflicting 
with  this  ordinance  are  hereby  decjared  null  and  void  so  far  as 
they  conflict  with  the  same  ; 

Which  was  read  and  ordered  spread  upon  the  Journal. 

On  motion  of  Mr.  McClellan,  the  Convention  adjourned  until 
10  o'clock  to-morrow. 


oil 


FORTY-FOURTH  DAY. 


FRIDAY,  July  31,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr,  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 
Bush,  Carter,  Carr,  Carson,  Challen,  Chandler,  Clarke  of  Jeffer- 
son, Clark  of  Jackson,  Coker,  Conover,  Cock,  Davidson, 
Davis,  Duncan,  Earle,  Edge,  Fogarty,  Fowler,  Cenovar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Greeley,  Green,  Hargret,  Hatch, 
Hausman,  Hendley,  Henderson,  Herndon,  Hicks,  Hocker, 
Hope,  Humphries,  Hunter,  Ives,  Johnston,  Jones,  Lan- 
drum,  Lesle}^,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Max- 
well, Miller,  Milton,  Mitchell,  Morgan,  McCaskill,  McClellan, 
McKinnon,  Xeel,  Odom.  Oliveros,  Orman,  Parkhill,  Parsons, 
Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madi- 
son, Randolph,  Richard,  Robertson,  Rogers,  Rowe,  Sanchez, 
Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Tedder, 
Thompson,  Tolbert,  Tompkins,  TurnbuU,  Wadsworth,  Walker, 
Jr..  Walter,  Weeks,  Wellman,  West(;ott,  Wilson  of  Clay, 
Wilson  of  Polk  and  Manatee,  Wylly,  Yonge  and  Zipperer 
—102. 

A  quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  Chandler  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with ; 

Which  was  agreed  to. 

The  Journal  was  coiTected  and  approved. 

Mr.  Goodbread  offered  the  following  resolution  : 

Resolved^  That  section  T  of  Article  XYI  of  the  Constitu- 
tion of  1868  be  inserted  in  its  proper  place  in  this  Constitu- 
tion ; 

Which  was  read  and  referred  to  the  Committee  on  Miscella- 
neous Provisions. 

Mr.  Fowler  offered  the  following  resolution: 

Besolved,  That  although  this  Convention  has  ordained  and 
expressed  itself  in  favor  of  submitting  the  revised  Constitu- 


542 


tion  to  the  votes  of  the  people,  it  denies  that  the  Legislature 
had  any  power  or  rio^ht  to  prescribe  it.  The  Legislature  ex- 
hausted its  powers  in  providing  for  assembling  of  this  Con- 
vention under  the  Constitution  of  1868,  and  therefore  any  act 
pi-escribing  or  circumscribing  its  powers  is  null  and  void  ; 
Which  was  read. 

Mr.  Conover  moved  that  the  rules  be  waived  so  that  the 
resolution  may  be  considered  immediately. 
Which  was  agreed  to. 

The  question  was  on  the  adoption  of  the  resolution. 
Mr.  Bennett  moved  to  lay  the  resolution  on  the  table  ; 
Which  was  not  agreed  to. 

The  question  was  again  upon  the  adoption  of  the  resolution. 
Mr.  Bennett  moved  the  previous  question  ; 
Which  was  ordered. 

The  previous  question  was  on  the  adoption  of  the  resolu- 
tion : 

Which  was  not  agreed  to,  and  the  resolution  was  not  adopted. 

Mr.  Broome  offered  the  following  resolution  : 

Resolved,  That  Jesse  Dennis  be  elected  Janitor  of  this  Con- 
vention, term  of  employment  to  take  effect  from  its  organiza- 
tion on  the  9th  day  of  June,  A.  D.  1885  ; 

Which  was  adopted. 

Mr.  Broome,  Chairman  of  the  Committee  on  Expenditures, 
made  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  31,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir:  Yom  Committee  on  Expenditures,  to  whom  was 
referred^ — 

An  Ordinance  to  Provide  for  the  Paj^  and  Mileage  of  Mem- 
bers and  Other  Expenses  of  the  Convention,  introduced  by 
Mr.  Parsons,  of  Hernando,  respectfully  report  the  same  back 
to  the  Convention  without  recommendation.  They  also  re- 
commend the  adoption  of  the  report  of  Mr.  Blount,  of  Escam- 
bia, Chairman  of  special  committee  ou  same  subject. 
Very  respectfully, 

John  D.  Broome, 

Chairman  Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Mr.  Blount,  Chairman  of  the  Special  Committee  on  Expend- 
itures, offered  the  following  communication  from  the  Grover- 
nor  : 


543 


Executive  Office,  ) 
Tallahassee,  Fla.,  Jul}-  30,  1885.]" 

The  Honorable  Blessrs.  Blount^  Parsons^  Rogers^  Randall  and 
Broome^  Committee  upon  the  Subject  Matter  of  Defraying 
the  Expenses  of  the  Constitutional  Convention  : 

Gentlemex — Referring  to  our  interview  upon  the  subject  of 
payment  from  the  State  Treasurj^  of  expenses  over  and  above 
the  |35,000  appropriated,  and  the  question  (it  being  admitted 
that  under  the  law  as  it  now  is  no  such  paj-ment  can  be  made) 
whether  the  Convention  can,  by  au}^  action  or  ordinance  not 
submitted  to,  and  ratified  by  the  people,  justifj^  such  pa3^ment 
from  the  Treasury  ? 

I  am  frank  to  say  that  I  think  not ;  that  the  Convention  can- 
not b}^  itself  substitute  its  will  for  an}"  part  of  the  Constitution 
and  laws  now  in  force  ;  that  such  substitution  can  only  be  made 
by  the  action  of  the  Convention  and  the  ratification  thereof  by 
the  people. 

Not  considering  at  this  time  anj"  bearing  of  the  present  Con- 
stitution upon  the  question  of  such  power  in  the  Convention, 
it  is  to  my  mind  clearly  evident  that  the  people  did  not,  and 
did  not  intend  to  invest  all  their  sovereignty  in  their  dele- 
gates. 

The  highest  elementar}-  authority  I  have  found,  and  it 
seems  to  be  sustained  by  reason,  uses  this  language  : 

"  But  no  body  of  representatives,  unless  specially  clothed 
with  power  for  that  purpose  by  the  people  when  choosing 
them,  can  rightfully  take  definitive  action  upon  amendments  or 
revisions.  They  must  submit  the  result  of  their  deliberations 
to  the  people — who  alone  are  competent  to  exercise  the  pow- 
ers of  sovereignty  in  framing  the  fundamental  law — for 
ratification  or  rejection. 

"  The  Constitutional  Convention  is  the  representative  of  sov- 
ereignty only  in  a  very  qualified  sense  and  for  specific  purpose, 
and  with  the  restricted  authority  to  put  in  proper  form  the 
questions  of  amendment  upon  which  the  people  are  to  pass; 
but  the  changes  in  the  fundamental  law  of  the  State  must  be 
enacted  by  the  people  themselves."  Coolej-'s  Con.  Limita- 
tions, 32. 

Passing  by  many  other  matters  having  relation  to  the  ques- 
tion, we  may  here  consider  merel}^  whether  the  people  when 
choosing  their  delegates  speciall}"  clothed  them  with  all  their 
powers  of  sovereignty  to  change  the  fundamental  law. 

Probably,  if  nothing  appeared  to  the  contrar}',  it  might  be 
presumed  that  such  was  the  purpose  of  the  people ;  but  let  us 
see  if  there  is  not  some  means  of  arriving  at  the  purpose  of  the 


544 


people  when  they  cast  their  votes  for  and  chose  their  dele- 
gates. 

It  may  be,  that  the  Act  of  February  12,  1885,  page  40, 
pamphlet  Acts  of  1885,  did  not  of  itself  bind  the  people  to 
all  of  its  provisions  unless  the  people  were  willing  to  accept 
and  act  under  such  act. 

It  is  evident  that  they  did  adopt  and  did  choose  their  dele- 
gates under  said  act,  and,  to  my  mind,  the  language  of  the 
first  section  of  that  act  shows  that  in  choosing  their  delegates 
they  as  expressly  limited  the  Convention's  power  to  that  of 
making  a  revision  of  the  Constitution  of  this  State,  and  sub- 
mitting the  same  to  the  electors  of  the  State  at  a  general  or 
special  election  for  ratification,"  as  they  declared  that  the 
Convention  should  meet  on  the  second  Tuesda}^  in  June,  1885, 
rather  than  any  other  time. 

I  think  the  first  section  of  the  enabling  act,  if  of  no  other 
force,  is  sufficient  to  indicate  the  purpose  of  the  people,  and  is 
it  not  safe  to  say  that  the  purpose  of  the  people  fixes  the 
limitation  of  the  power  of  the  Convention  unless  that  purpose 
contravenes  some  recognized  restriction  upon  the  people's 
power  ? 

Neither  will  time  permit  nor  does  the  occasion  require  that 
I  should  refer  to  other  grounds  for  the  firm  conviction  at 
which  my  mind  has  arrived,  that  neither  the  law  as  it  now  is 
authorizes,  nor  can  any  action  whatever  by  the  Convention, 
until  such  action  be  ratified  by  the  people,  justify  the  taking 
out  of  the  Treasury  one  single  dollar  not  appropriated  by  law. 

If  I  am  wrong  I  am  willing  to  be  set  right ;  this  as  I  under- 
stand it  can  only  be  done  by  a  determination  of  the  question 
by  the  Supreme  Court  of  the  State.  I  suggest  that  the  ques- 
tion might  be  submitted  to  that  tribunal  by  friendly  proceed- 
ings agaii'jst  the  Comptroller  or  Treasurer,  or  in  such  manner  as 
to  the  committee  or  to  the  Convention  may  seem  proper. 

I  can  assure  you,  gentlertien,  and  the  Convention,  that 
neither  the  Executive  or  any  of  the  administrative  officers  of  the 
State  will  do  aught  to  obstruct  or  delay  a  speedy  solution  of 
the  difficulty  which  my  conviction  seems  to  place  in  the  way 
of  the  payment  in  full  out  of  the  Treasury  of  the  expenses  of 
tne  Convention. 

As  to  the  suggestion  that  I  require  of  the  Justices  of  the 
Supreme  Court  their  advisory  opinion  upon  the  question,  I 
would  not  have  addressed  you  to  day  at  such  length,  but  upon 
examination  of  section  16,  Article  5,  of  Constitution  as  amend- 
mended  in  1875,  upon  the  subject,  I  seriously  doubt  my  right 
to  require  from  such  Justices  thetr  opinion  upon  the  question 
at  issue,  as  I  feel  that  it  can  be  answered  satisfactorily  to  my 


545 


mi.  d,  at  least,  without  the  interpretation  of  any  portion  of  the 
present  Constitution  respecting  my  executive  powers  and  du- 
ties ;  the  real  question  being  one  respecting  the  powers  and 
duties  of  the  present  Constitutional  Convention. 

Assuring  you  of  my  readiness  to  go  as  far  as  I  rightfully 
can  to  arrive  at  a  solution  of  the  question  which  will  be  agree- 
able to  the  wishes  of  the  Convention,  I  have  the  honor  to  be 

Yery  respectfully, 

E.  A.  Perry. 

P.  S.  Are  not  delegates  who  are  in  Convention  by  virtue  of 
Legislative  act  estopped  from  denying  theaiselves  bound 
by  the  act  ? 

Which  was  read,  ordered  spread  upon  the  Journal  and 
placed  among  the  orders  of  the  day. 

Mr.  Oliveros,  Chairman  of  the  Committee  on  Enrollment 
and  Engrossment,  offered  the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  31,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention: 

Sir:  Your  Committee  on  Enrollment  and  Engrossment,  to 
whom  was  referred — 

Article  XIY,  on  Suffrage  and  Eligibility,  beg  to  report  that 
they  have  compared  and  examined  the  same  and  find  it  cor- 
rectly^ engrossed. 

Yery  respectfully, 

B.  F.  Oliveros,  Chairman. 
Samuel  E.  Hope, 
Theodore  Randell, 

Committee. 

Which  was  read  and  placed  among  the  orders  of  the  day. 

The  three  additional  sections  as  reported  by  the  Committee 
on  Miscellaneous  Provisions  and  Judicial  Department,  were 
read  the  first  time  and  placed  among  the  orders  of  the  day. 

The  following  additional  section  to  Article  XYI  reported 
by  the  Committee  on  Miscellaneous  Provisions  was  read  the 
second  time : 

Section  — .  No  private  property  nor  right  of  way  shall  be 
appropriated  to  the  use  of  an}^  corporation  or  individual  until 
full  compensation  therefor  shall  be  first  made  to  the  owner,  or 
first  secured  to  him  by  a  deposit  of  money,  which  compensa- 
tion, irrespective  of  any  benefit  from  any  improvement  pro- 
posed by  such  corporation  or  individual,  shall  be  ascertained 
by  p  jury  of  twelve  men  in  a  court  of  competent  jurisdiction 
as  shall  be  prescribed  by  law. 
35 


546 


The  rules  were  waived  and  the  additional  section  was  read 
a  third  time,  and  put  upon  its  final  passage. 
The  yeas  and  nays  were  called. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Bush,  Carr, 
Carson,  Challen,  Chandler,  Clark  of  Jackson,  Coker,  Conover, 
Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge,  Fogarty,  Greno- 
var,  Gibbs,  Goodbread,  Gross,  Green,  Hargret,  Hatch,  Haus- 
men,  Henderson,  Herndon,  Hicks,  Hope,  Humphries,  Hunter, 
Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love,  Lut- 
terloh,  Milton,  Mitchell,  Morgan,  McCaskill,  McClellan,  Mc- 
Kinnon,  Neel,  Odom,  Oliveros,  Orman,  Parkhill,  Parsons, 
Paterson,  Pelot,  Petty,  Randall  of  Duval,  Bandell  of  Madison, 
Randolph,  Richard,  Robertson,  Rogers.  Kowe,  Sanchez,  Sheats, 
Speer,  fetone,  Swearingen,  Tedder,  Thompson,  Tolbert,  Tomp- 
kins, Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman, 
Westcott,  Wilson  of  Cla}^,  Wilson  of  Polk  and  Manatee,  Wjdly, 
Yonge  and  Zipperer — 86. 

Nays — Messrs.  Broome,  Fowler,  Gillis,  Hocker,  Malone, Mil- 
ler and  Taylor — 1. 

So  the  additional  section  was  finally  passed  as  stated. 

The  following  three  additional  sections,  reported  by  the 
Committee  on  Miscellaneous  Provisions  and  Judiciary  Depart- 
ment, were  read  the  second  time  : 

SUBSTITUTE  TO  ADDITIONAL  SECTION  OF  ARTICLE  XVI. 

When  it  shall  appear  to  the  Governor  from  a  certificate  of 
two  practicing  Physicians  that  any  officer  of  this  State  not 
entitled  to  a  deputy  shall  from  any  cause,  happening  after  be- 
ing qualified,  become  incapable  of  properl}^  discharging  his 
official  duties,  the  Governor  may  appoint  an  officer  to  dis- 
cbarge such  duties  until  such  disability  shall  cease  or  until  a 
permanent  officer  is  qualified.  But  the  Governor  shall  report 
his  action  in  the  premises  to  the  Legislature  at  its  next  en- 
suing session  for  such  action  as  to  the  Legislature  shall  seem 
proper. 

ADDITIONAL  SECTION  TO  ARTICLE  XI. 

Section  — .  The  compensation  of  all  county  school  officers 
shall  be  paid  from  the  school  fund  of  their  respective  coun- 
ties, and  all  other  county  officers  receiving  stated  salaries 
shall  be  paid  from  the  general  county  fund  of  their  respective 
counties. 

Sec.  — .  The  Legislature  may  provide  for  the  drainage  of 
the  land  of  one  man  over  or  through  that  of  another,  and  for 


547 


just  compensation  therefor  to  the  owner  of  the  land  over  which 
such  drainage  is  had. 

The  first  additional  section  was  read. 

Mr.  Gillis  moved  to  amend  as  follows  : 

Strike  out  all  after  word     Governor,"  in  1st  line,  to  the 
word  "  that,"  in  2d  line  ; 
Which  was  agreed  to. 

Upon  motion  of  Mr.  Malone,  the  additional  section  was 
stricken  out. 

The  following  additional  section  to  Article  XVI  was  read 
the  second  time  : 

Sec.  — .  The  Legislature  may  provide  for  the  drainage  of 
the  land  of  one  man  over  or  througti  that  of  another,  and  for 
just  compensation  therefor  to  the  owner  of  the  land  over  which 
such  drainage  is  had. 

Which  was  adopted  without  amendment,  and  passed  to  a 
third  reading. 

The  rules  were  waived,  and  the  section  was  read  a  third 
time. 

Upon  motion,  the  word  "  man  "  was  stricken  out  and  the 
word    person  "  placed  in  lieu  thereof. 

The  question  was  then  upon  the  final  passage  of  the  section 
as  amended. 

The  yeas  and  nays  were  called  for. 

The  vote  was  : 

Yeas — Messrs.  Bell  of  Brevard  and  Dade,  Bennett,  Blackburn, 
Blount,  Broome,  Bush,  Carr,  Carson,  Challen,  Chandler,  Clarke 
of  Jefferson,  Clark  of  Jackson,  Coker,  Conover,Cook^  Davidson, 
Duncan,  Earle,  Edge,  Genovar,  Gibbs,  Gillis,  Goss,  Greele}^, 
Green,  Hargret,  Hatch,  Hausman,  Hendley,  Henderson,  Hern- 
don,  Hicks,  Hocker,  Hope,  Humphries,  Hunter,  Ives,  John- 
ston, Jones,  Landrum,  Lewis,  Lutterloh,  Mann,  Mitchell,  Mor- 
gan, McCaskill,  McClellan,  McKinuon,  Xeel,  Odom,  Oliveros, 
Orman,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall  of 
Duval,  Randell  of  Madison,  Randolph,  Richard,  Rogers,  Rowe, 
Sanchez,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Thompson, 
Tolbert,  TurnbuU,  Wads  worth.  Walker,  Jr.,  Weeks,  Well  man, 
Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly 
Yonge  and  Zipperer — 83. 

Xa3^s — Messrs.  Davis,  Fowler,  Love,  Malone,  Miller,  Scott 
and  Tompkins — 7. 

So  the  additional  section  was  passed  as  stated. 

The  following  additional  section  to  Article  XI  was  read  the 
second  time  : 


548 


ADDITIONAL  SECTION    TO  ARTICLE  XI. 

Section  — .  The  compensation  of  all  county  school  officers 
shall  be  paid  from  the  school  fund  of  their  respective  counties, 
and  all  other  county  officers  receiving  stated  salaries  shall  be 
paid  from  the  general  county  fund  of  their  respective  coun- 
ties. 

Mr.  Sheats  moved  to  amend  as  follows : 

Amend  by  striking  out  the  first  two  lines  and  "  and  "  and 
"  other  "  before  and  after  "  all  "  It  will  then  read  "  all  county 
officers  receiving  stated  salaries  shall  be  paid  from  the  general 
county  fund  of  their  respective  counties." 

Mr.  Johnson  moved  to  lay  the  additional  section  and  amend- 
ments on  the  table ; 

Which  was  not  agreed  to. 

The  question  was  upon  the  amendment  offered  by  Mr. 
Sheats. 

Mr.  McClellan  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to  and  the  amendment  was  laid  on  the 
table. 

The  question  was  then  upon  the  adoption  of  the  section. 
The  yeas  and  nays  were  called. 
The  vote  was : 

Yeas — Messrs  Bell  of  Brevard  and  Dade,  Bell  of  Hamil- 
ton. Bennett,  Bethel,  Blackburn,  Bush,  Carson,  Clarke  of 
Jefferson,  Clark  of  Jackson,  Coker,  Davidson,  Davis,  Duncan, 
Edge,  Fogarty,  Goodbread,  Green,  Hatch,  Hausman,  Hender- 
son, Herndon,  Hocker,  Jones,  Lewis,  Love,  Lutterloh,  Milton, 
Morgan,  McCaskill,  McClellan,  Neel,  Odom,  Oliveros,  Orman, 
Parkhill,  Paterson,  Pelot,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe,  Scott,  Speer,  Stone,  Swearingen, 
Tedder,  Tolbert,  Tompkins,  TurnbuU,  Wadsworth,  Walker, 
Jr.,  Weeks.  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly  and  Zipperer — 5T. 

Nays — Messrs.  Blount,  Carter,  Carr,  Challen,  Chandler,  Con- 
over,  Cook,  Fowler,  Genovar,  Gibbs,  Gillis,  Greeley,  Hargret, 
Hendley,  Hicks,  Hope,  Humphries,  Hunter,  Ives,  Johnston, 
Landrum,  Lesley,  Malone,  Mann,  Miller,  Mitchell,  McKinnon, 
Parsons,  Petty,  Randall  of  Duval,  Robertson,  Sanchez,  Sheats, 
Taylor,  Thompson,  Walter,  Wellman,  Westcott  and  Yonge — 
39. 

So  the  additional  section  was  adopted  and  passed  to  its 
third  reading. 

Mr.  Taylor,  Chairman  of  the  Committee  on  Style  and  Ar- 
rangement, asked  leave  to  have  200  copies  of  the  corrected 


549 


Articles  printed  for  use  of  the  Convention,  which  was  agreed 
to,  and  it  was  so  ordered. 

The  additional  section  to  Article  XI,  Relating  to  the  Com- 
pensation of  School  Officers,  was  read  a  third  time  and  placed 
upon  its  passage. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Bush, 
Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  David- 
son, Davis,  Duncan,  Edge,  Fogart}^,  G-oodbread,  Green, 
Hatch,  Hausman,  Henderson,  Herndon,  Hocker.  Jones,  Lewis, 
Love,  Lutterloh,  Malone,  Milton,  Morgan,  McCaskill,  Mc- 
Clellan,  I^Teel,  Odom,  Oliveros,  Orman,  Parkhill,  Paterson, 
Pelot,  Petty,  Randell  of  Madison,  Randolph,  Richard,  Rogers, 
Scott,  Speer,Stone,  Swearingen,  Tedder,  Tolbert,  Tompkins, 
Wadsworth,  Walker,  Jr.,  Weeks,  Wilson  of  Clay,  Wilson  of 
Polk  and  Manatee,  Wylly  and  Zipperer — 59. 

Naj^s — Messrs.  Blount,  Broome,  Carter,  Carr,  Challen, 
Chandler,  Conover,  Cook,  Earle,  Fowler.  Genovar,  Gibbs, 
Gillis,  Goss,  Greeley,  Hargret,  Hendley,  Hicks,  Hope,  Hum- 
phries, Hunter,  Ives,  Johnston,  Landrum,  Lesley,  Mann,  Miller, 
Mitchell,  McKinnon,  Parsons,  Randall  of  Duval,  Rowe, 
Sanchez,  Sheats,  Taylor,  Thompson,  Turnbull,  Walter, 
Wellman,  Westcott  and  Yonge— 41. 

So  the  additional  section  was  passed  as  stated. 

Article  XIY,  on  Suffrage  and  Eligibility,  came  up  for  con- 
sideration on  its  third  reading,  and  was  read  a  third  time. 

Mr.  Challen  offered  the  following  amendment  to  section  4  : 

Strike  out  the  word  "  larceny  "  from  section  4, 

Mr.  Malone  moved  to  la}^  the  amendment  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Turnbull  moved  the  final  passage  of  Article  XIY,  on 
Suffrage  and  Eligibility,  and  moved  the  previous  question. 
The  question  was.  Shall  the  main  question  be  now  put  ? 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Bennett,  Bethel,  Blackburn,  Blount,  Carson, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davidson, 
Davis,  Duncan,  Earle,  Fogarty,  Gillis,  Hausman,  Hendley, 
Herndon,  Hicks,  Hope,  Humphries,  Johnston,  Jones,  Love, 
Litterloh,  Malone,  Maxwell,  Milton,  Morgan,  McClellan,  Neel, 
Odom,  Oliveros,  Orman,  Parkhill,  Parso.:s,  Paterson,  Randell 
of  Madison,  Randolph,  Richard,  Robertson,  Scott,  Speer,  Stone, 
Swearingen,  Taylor,  Turnbull,  Wadsworth,  Weeks,  Wilson  of 
Clay,  Wylly  and  Yonge — 52. 


550 


J^J'ays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Broome,  Bush,  Carr,  Challen,  Chandler,  Conover, 
Fowler,  Genovar,  Gibbs,  Goodbread,  Goss,  Greeley,  Green, 
Hargret,  Hatch,  Hooker,  Hunter,  Landrum,  Lesley,  Lewis, 
Mann,  Miller,  Mitchell,  McKinnon,  Pelot.  Petty,  Randall  of 
Duval,  Rogers,  Rowe,  Sanchez,  Sheats,  Thompson,  Tolbert, 
Tompkins,  Walker,  Jr.,  Walter,  Westcott,  Wilson  of  Polk  and 
Manatee  and  Zipperer — 42. 

So  the  main  question  was  ordered. 

The  question  was  upon  the  final  adoption  of  Article  XIY ,  on 
Suffrage  and  Eligibility. 

The  yeas  and  nays  were  called. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bennett,  Bethel,  Black- 
burn, Blount,  Broome,  Carter,  Carson,  Clarke  of  Jefferson^ 
Clark  of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Earle,  Fogarty,  Gillis,  Hausman,  Hendley,  Herndon,  llocker, 
Hope,  Johnston,  Jones,  Love,  Lutterloh,  Maione,  Maxwell^ 
Milton,  Morgan,  McClellan,  Odora,  Orman,  Parkhill,  Parsons, 
Paterson,  Randell  ♦of  Madison,  Richard,  Robertson,  Scott^ 
Speer,  Stone,  Swearingen,  Taylor,  TurnbuU,  Wadsworth, 
Walker,  Jr.,  Weeks,  Wellman,  Wilson  of  Clay,  Wylly  and 
Yonge — 53. 

Nays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bush,  Carr,  Challen,  Chandler,  ConoA^er,  Fowler, 
Genovar,  Gibbs,  Goodbread,  Goss,  Greeley,  Green,  Hargret, 
Hatch,  Hicks,  Humphries,  Hunter,  Landrum,  Lesley,  Lewis, 
Mann,  Miller,  Mitchell,  McKinnon,  Neel,  Oliveros,  Petty,  Ran- 
dall of  Duval,  Rogers,  Rowe,  Sanchez,  Sheats,  Thompson, 
Tolbert,  Tompkins,  Walter,  Westcott,  Wilson  of  Polk  and 
^  Manatee  and  Zipperer — 42. 

Excused — Campbell,  Marshall,  Monsalvatge,  Parker,  Pelot, 
Wall  and  Whitmire — T. 

Not  Voting — Edge,  Henderson,  Ives,  McCaskill,  Randolph 
and  Tedder--6. 

So  the  Article  was  not  passed. 

Mr.  Mann  offered  the  following  Ordinance  : 

AN  ORDINANCE 

TO  BE  VOTED  UPON  SEPARATE  FROM   THE   CONSTITUTION,   TO  BE- 
COME A  PART  OF  THE  CONSTITUTION  IF  ADOPTED. 

\  That  in  addition  to  the  requisite  qualifications  of  an  elector 
of  this  State  as  recited  in  section  one  of  this  Article  :  No  per- 
son shall  be  deemed  such  qualified  elector  until  he  shall  have 


551 


paid  each  year  a  capitation  tax  not  to  exceed  one  dollar,  as 
shall  be  provided  by  law  ; 
Which  was  withdrawn. 

Mr.  Conover  offered  the  following  resolution  : 

That  the  standing  committee  of  this  body  Xo.  6,  be  and  are 
hereby  requested  to  prepare  and  report  to  this  body  without 
unnecessarj"  delay  an  Article  of  this  Constitution  on  Suffrage 
and  Eligibility  ; 

Which  was  agreed  to. 

Upon  motion,  the  Convention  took  a  recess  until  4  o'clock 
P.  M.  to-day. 


FOUR  O'CLOCK  P.,  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

The  roll  being  called  the  following  delegates  answered  to 
their  names  : 

Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell 
Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome,  Bush, 
Carter,  Carr,  Challen,  Chandler,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan, 
Earie,  Edge,  Fogart}',  Fowler.  Genovar,  Gibbs,  Gillis,  Good- 
bread,  Goss,  Green,  Harifret  Hatch,  Hausman,  Hendle}',  Hen- 
derson, Herndon,  Hicks,  Hocker,  Hope,  Humphries,  Hunter, 
Ives,  Johnston,  Jones,  Lauilriim,  Lesley,  Lewis,  Love,  Lutter- 
loh,  Malone,  Mann,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan, 
McCaskill,  McClellan,  McKinnon,  Xeel,  Odom,  Oliveros, 
Orman,  Parkhill,  Parsons,  Paterson,  Pelot,  Petty,  Randall 
of  Duval,  Randell  of  Madisoii,  Randolph,  Richard,  Robert- 
son, Rogers,  Rowe,  Sanchez,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
TurnbuU,  Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman, 
Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — 101. 

A  quorum  present. 

Mr.  Greeley  was  excused. 

Mr.  McCreary  and  Dr.  Mayes  were  invited  to  seats  within 
the  bar  of  the  house. 

Mr.  Taylor,  Chairman  of  the  Committee  on  Style  and  Ar- 
rangement, made  the  following  report : 


552 


Convention  Hall,  Tallahassee,  Fla.,  July  31,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Style  and  Arrangement  of  the 
Constitution,  beg  leave  to  report  that  the  provision  contained 
in  section  eight  (8)  of  the  Declaration  of  Rights  to  the  effect 
that  all  felonies  shall  be  tried  only  upon  iwesentment  or  in- 
dictment by  a  grand  jury,  is  inconsistent  with  the  provision^  of 
sections  twenty-five  (25)  and  twenty-eight  (28)  of  Article  XI 
(Judiciary  Department),  whereby  the  Criminal  Courts,  to  be 
established  in  Escambia  and  such  other  counties  as  the  Legis- 
lature may  deem  expedient,  are  clothed  with  jurisdiction  to 
try  all  crimes  not  capital  ;  and  provide  that  such  trials  in  said 
Criminal  Courts  shall  be  upon  ^Hn formation,  " 

For  the  purpose  of  reconciling  this  inconsistency,  your 
committee  have  inserted  in  line  two  (2)  of  section  eight  (8)  of 
the  Declaration  of  Rights,  after  the  words  grand  jury"  the 
following : 

"  Except  as  is  otherwise  provided  in  this  Constitution." 

As  the  said  correction  involves  a  matter  of  substance,  your 
committee  have  deemed  it  proper  to  report  the  same  to  the 
Convention  for  such  action  as  it  may  see  proper  to  take,  and 
respectfall}^  recommend  that  the  said  amendment  so  made  by 
your  committee  be  adopted. 

Yery  respectfully, 

R.  F.  Taylor,  Chairman. 

Which  was  read,  and  the  recommendation  was  unanimously 
adopted. 

Mr.  Love,  of  Committee  on  Miscellaneous  Provisions,  offered 
the  following  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  31,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Miscellaneous  Provisions  to 
whom  was  referred— 

Ordinance  by  Mr.  Miller,  in  relation  to  printing  and  distrib- 
uting the  revised  Constitution  and  Journals  of  this  Conven- 
tion, respectfully  report  that  they  have  had  the  same  under 
consideration  and  herewith  return  the  same  without  recom- 
mendation. 

Your  committee  have  also  considered  the  resolution  by  Mr. 
Goodbread,  in  relation  to  the  propriety  of  including  section  7 
of  Article  16  of  the  Constitution  of  1868  in  the  revised  Con- 


stitution.  aud  respectfully  recommend  that  the  resolution  be 
laid  on  the  table  : 

Also  additional  section  by  Mr.  Hicks  has  been  duly  consid- 
ered and  your  committee  believing  that  this  Convention  h:.s 
ni  power  to  ijind  any  future  Convention  of  the  people  respect- 
fully recommend  that  the  section  be  laid  upon  the  table  : 

Yerv  respectfullv. 
E.  C.  Love.  ' 

Chairman  of  Committee. 

Which  was  received  and  placed  among  the  orders  of  the 
day. 

Mr.  Blount  oiiered  the  following  additional  section : 

The  Legislature  may  provide  for  the  appointment  of  a  suit- 
able person  to  act  in  the  place  of  any  judicial  officer  who  shall 
become  unable  or  disqualified  by  reason  of  extreme  illness  or 
other  physical  or  mental  disability,  or  by  reason  of  his  im- 
peachment, to  perform  the  duties  of  his  office :  and  the  person 
so  appointed  may  perform  such  duties  until  the  disability  shall 
cease  or  until  the  term  of  such  officer  shall  expire. 

Mr.  Challen  moved  to  waive  the  rules  so  that  the  additional 
section  might  be  at  once  considered  ; 

Which  was  agreed  to. 

Mr.  Challen  moved  that  rules  be  further  waived  and  the 
additional  section  be  read  the  first  time  aud  passed  i?  its  sec- 
ond reading  : 

Which  was  agreed  to.  and  the  section  was  read  the  first 
time. 

L'pon  motion  the  section  was  read  the  second  time. 
The  section  was  passed  without  amendment. 
"Upon  motion  the  rules  were  further  waived,  and  the  section 
was  read  a  third  time  and  put  upon  its  final  passage. 
The  yeas  and  nays  were  called  for. 
The  vote  was : 

Xays — Mr.  President.  Messrs.  Bell  of  Brevard  and 
Dade.  Bennett.  Bethel.  Blackburn.  Blount.  Broome,  Carr. 
Challen.  Chandler.  Clarke  of  Jefierson.  Clark  of  Jackson, 
Coker,  Conover.  Cook.  Davidson. Duncan.  Earle.  Edge.  Eogar- 
ty,  Eowler.  G-enovar,  G-ibbs.  Gillis.  Goss.  Green.  Hargret. 
Hatch.  Hausman.  Henderson.  Herndon.  Hicks.  Hocker.  Hope. 
Humphries,  Hunter.  Ives.  Johnston.  Jones,  Landrum.  Lesley. 
Love.  Lutterloh,  Mai.  me.  Milton.  Mitchell.  Morgan.  McCaskill. 
McClellan.  McKinnon.  Xeel.  Odom.  Oliveros,  Orman.  Park- 
hill,  Parsons,  Paterson.  Pelot.  Randall  of  Duval.  Randell  of 
Madison.  Randolph.  Richard,  Robertson.  Rogers,  Rowe. 
Scott,  iheats,  Speer,  Stone,  Swearingen.  Taylor.  Tedder. 
Tompkins.  T'arnbull.  Wadsworth.  Walker.  Jr..  Walter.  Weeks, 


554 


Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk  and  Man- 
atee, Wylly,  Yonge  and  Zipperer — 86. 

Nays — Messrs.  Baker,  Goodbread,  Miller,  Petty  and  Tol- 
bert — 5. 

So  the  section  was  passed  as  stated. 

The  Convention  resumed  the  consideration  of  Ordinance  No. 
— ,  on  Expenditures,  on  its  second  reading. 
The  remaining  section  4  was  read. 
Mr.  Broome  olfered  the  following  amendment : 

Add  to  section  4  :  After  members,''  in  line  3,  the  words 
"  payable  to  themselves  or  their  order  bearing  interest  at  the 
rate  of  8  per  centum  per  annum  from  date,"  and  strike  out 
from  "  members,"  in  third  line,  to  and  including  "  two,"  in  4th 
line. 

Mr.  Malone  offered  the  following  substitute  : 

Sec.  3.  Be  it  f  urther  ordained^  That  the  Secretary  of  this 
Convention  be  and  he  is  hereby  authorized  to  audit  the  ac- 
count of  the  members  and  all  other  expenses,  and  upon  certifi- 
cates signed  by  the  President  and  Secretary,  the  Comptroller 
is  required  to  draw  his  warrants  on  the  Treasurer  for  the 
amounts  thereof  in  favor  of  the  holders  thereof,  and  the  Treas- 
urer shall  pay  the  warrants  issued  for  certificates  for  expenses 
and  mileage  of  members  first  out  of  the  moneys  appropriated 
by  the  Legislature  to  defray  the  expenses  of  the  Constitutional 
Convention,  and  shall  then  pay  the  warrants  drawn  for  certifi- 
cates issued  for  per  diem  of  members  pro  rata  out  of  the  bal- 
ance of  said  money,  and  shall  pay  any  balance  on  said  warrants 
out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated, 
and  the  certificates  so  issued  shall  bear  interest  from  date  at  8 
per  cent,  per  annum  ; 

Which  was  withdrawn. 

The  question  was  upon  the  adoption  of  the  amendment 
offered  by  Mr.  Broome 

The  amendment  was  adopted. 

Section  4  was  then  passed  as  amended. 

Section  5  was  read  and  passed  without  amendment. 

Be  it  Ordained  by  the  People  of  Florida^  Bepresented  in  Con- 
stitutional Convention : 

Section  1.  The  pay  of  the  members  of  the  present  Constitu- 
tional Convention  shall  be  a  per  diem  for  attendance  of  six 
($6.00)  dollars  per  day  in  addition  to  milage  of  ten  cents  per 
mile,  each  way,  from  their  places  of  residence  to  the  Capital 
and  return,  estimated  by  the  shortest  thoroughfare. 

Sec.  2.  The  pay  of  the  Secretary  and  Assistant  Secretary  of 


555 


the  ConTention.  and  all  the  Clerks  elected  by  the  Convention, 
shall  be  six  ($6.00)  dollars  per  diem  each,  allowing  the  Secre- 
tary and  Assistant  Secretary  one  day  after  adjournment  to 
complete  unfinished  business  ;  all  Committee  Clerks  shall  re- 
ceive five  (85.00)  dollars  per  diem  for  the  number  of  days  cer- 
tified by  the  Chairman  of  the  Committee ;  the  pay  of  the  Ser- 
geant-at-Arms  shall  be  six  (86.00)  dollars  per  diem,  and  Assist- 
ant Sergeant-at-Arms  shall  be  five  (S5.00)  dollars  per  diem  ;  the 
pay  of  the  Messengers  of  the  Convention  shall  be  four  ($4.00) 
dollars  per  diem  each ;  the  pay  of  the  Doorkeeper  shall  be  five 
(85.00)  dollars  per  diem;  the  pay  of  Pages  shall  be  three 
(83.00)  dollars  per  diem  each  ;  the  pay  of  the  Janitor  shall 
be  two  (82.00)  dollars  per  diem:  the  pay  of  the  Chaplain  shall 
be  one  hundred  dollars  :  the  Recording  Clerk  shall  complete 
his  work  after  the  adjournment  of  the  Convention,  under  the 
supervision  of  the  Secretary  of  State,  and  shall  be  paid  for  the 
same  fifty  dollars  when  his  work  is  completed.  Eighteen  dol- 
lars shall  be  paid  W.  R.  Carter  for  services  as  Assistant  Sec- 
retar}'  for  three  days.  Messrs.  Dorr  &  Bowen  shall  be  paid 
for  printing  the  amount  approved  by  the  Committee  on  Print- 
ing, certified  by  the  President  and  Secretary  of  the  Conven- 
tion. 

Sec.  3.  The  Comptroller  is  required  to  draw  his  warrant  on 
the  Treasurer  in  favor  of  the  officers  and  employees  of  this 
Convention,  for  the  full  amount  allowed  them  by  section  2, 
and  to  each  delegate  of  this  Convention  for  his  pro  rata  share 
of  the  amount  appropriated  bv  the  Legislature,  after  deducting 
from  said  amount  the  amount  due  said  employees  and  all 
other  expenses,  including  mileage  of  members,  incurred  by  this 
Convention. 

Sec.  4.  The  President  is  authorized  on  behalf  of  this  Con- 
vention to  issue  certificates  signed  by  himself  and  counter- 
signed by  the  Secretary  to  each  of  the  members,  payable  to 
themselves  or  their  order,  bearing  interest  at  the  rate  of  8  per 
cent,  per  annum  from  date,  for  the  amount  remaining  due  to 
each  on  account  of  the  deficiency  of  the  Legislative  appropria- 
tion for  expenses  of  this  Convention. 

Sec.  5.  The  Legislature  shall  make  an  appropriation  at  its 
next  session  to  pay  said  certificates. 

Sec.  6.  Be  it  further  [>rdained.  That  the  Secretary  of  this 
Convention  be  and  he  is  hereb}'  authorized  to  audit  the  a-'- 
counts  of  the  members  and  all  other  expenses. 

Upon  motion  the  rules  were  waived  and  the  ordinance  read 
a  third  time  and  put  upon  its  passage. 

The  ordinance  was  read  a  third  time. 

Mr.  Malone  offered  the  following  additional  section  : 


556 


Sec.  — .  Be  it  farther  ordained^  That  the  Secretary  of  this 
Convention  be  and  he  is  hereby  authorized  to  audit  the  ac- 
count of  the  members  and  all  other  expenses  ; 

Which  was  read  the  first,  second  and  third  time  by  unani- 
mous consent  raid  adopted. 

Mr.  Bennett  offered  the  following  amendment  to  section  2  : 

Strike  out  all  after  the  word  "  same,"  in  line  18,  to  and  in- 
cluding "  work,"  in  line  19,  and  insert  "  fifty  dollars  when  his 
work  is  completed." 

Mr.  Fowler  moved  to  amend  the  amendment  by  striking  out 
''fifty,"  and  inserting  "  twenty-five." 

Mr.  Gillis  moved  to  lay  the  amen«iment  to  the  amendment 
on  the  table  ; 

Which  was  agreed  to. 

The  question  was  upon  the  adoption  of  the  amendment  of- 
fered by  Mr.  Bennett ; 
Which  was  agreed  to. 

The  question  was  then  upon  the  final  passage  of  the  ordi- 
nance. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Mr.  President,  Messrs.  Baker,  Bell  of  Brevard  and 
Dade,  Bell  of  Hamilton,  Bennett,  Bethel,  Blount,  Broome, 
Bush,  Carr,  Carson,  Cliallen,  Chandler,  Clark  of  Jackson,  Con- 
over,  Earle,  Edge,  Fogarty,  Fowler,  Genovar,  Gibbs  Gillis, 
Goodbread,  Hargret,  Hatch,  Hausman,  Hicks,  Hocker,  Hope, 
Hunter,  Ives,  Johnston,  Jones,  Landrum,  Lesley,  Lewis,  Love, 
Lutterloh,  Malone,  Mann,  Miller,  Mitchell,  Morgan,  McClel- 
lan,  Odom,  Oliveros,  Orman,  Farkhill,  Parsons,  Paterson, 
Petty,  Randall  of  Duval,  Randell  ol  Madison,  Randolph, 
Robertson,  Rogers,  Rowe,  Sanchez,  Scott,  Speer,  Stone,  Ted- 
der, Thompson,  Tolbert,  Tompkins,  Wadsworth,  Walter, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson  of  Polk 
and  Manatee,  Yonge  and  Zipperer — T4. 

Nays — Messrs.  Green,  Henderson,  Herndon,  McCaskill, 
Richard  and  Swearingen — 6. 

So  the  ordinance  was  passed  as  stated. 

Mr.  Miller  moved  that  the  Secretary  be  required  to  certify 
a  copy  of  the  Ordinance  to  the  Comptroller  and  State  Treas- 
urer ; 

Which  was  agreed  to,  and  it  was  so  ordered. 
Mr.  Conover  moved  that  the  Secretary  be  authorized  to  have 
suitable  pay  certificates  printed  ; 
Which  was  agreed  to. 


557 


Mr.  Mann,  Chairman  of  the  Committee  on  Suffrage  and 
Eligibility,  made  the  following  majority  report : 

Convention  Hall,  Tallahassee,  Fla.,  July  31,  1885. 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  to  which  was  referred  Article  XIY, 
on  Suffrage  and  Eligibility — 

Beg  leave  to  report  that  they  have  considered  the  same  in 
the  light  of  the  debate  which  has  been  had  in  this  Convention 
upon  the  subject  matter  of  their  former  report,  and  which  de- 
bate has  led  to  the  re-reference  of  said  Article  to  this  Commit- 
tee ;  and  have,  after  careful  deliberation,  determined  that, 
although  it  would  be  in  many  respects  preferable  to  relegate 
the  question  of  a  poll-tax  as  a  pre-requisite  to  suffrage  to  the 
action  of  the  next  Legislature,  which  course  the  Committee 
would  otherwise  have  no  hesitancy  in  recommending,  yet,  be- 
lieving that  the  Legislature  might  find  itself  as  unable  to  re- 
flect the  views  of  the  people  upon  this  subject,  and  to  settle 
upon  any  fixed  or  definite  course  in  relation  to  the  matter  as  is 
this  Convention  ;  and  also  believing  that  this  is  a  question 
which  should  be  left  for  the  people  themselves  to  determine 
by  ballot,  as  they  may  deem  fit,  without  any  attempt  on  the 
part  of  this  Convention  to  force  its  views,  or  the  views  of  any 
portion  of  its  membership,  upon  them,  they  therefore  respect- 
fully report  the  accompanying  Article,  together  with  an  Or- 
dinance upon  the  subject  of  a  poll-tax,  to  be  submitted  to  a 
vote  of  the  people,  separate  from  the  Constitution,  for  their 
acceptance  or  rejection,  as  they  shall  see  proper. 

Yery  respectfully, 

A.  S.  Mann, 
Chairman  of  Committee. 

Which  was  read. 
Majority  Report.] 

ARTICLE  XIY. 
suffrage  and  eligibility. 

Secton  1.  Every  male  person  of  the  age  of  twenty-one  years 
and  upwards,  who  shall,  at  the  time  of  offering  to  vote,"  be  a 
citizen  of  the  United  States,  or  who  shall  have  declared  his 
intention  to  become  such  in  conformity  to  the  laws  of  the 
United  States,  and  who  shall  have  resided  and  had  his  habitation, 
domicile,  home  and  place  of  permanent  abode  in  Florida  for 
one  year,  and  in  the  county  for  six  months  next  preceding  the 
election  at  which  he  shall  offer  to  vote,  shall  in  such  county 


558 


be  deemed  a  qualified  elector  at  all  elections  under  this  Con- 
stitution. Ever}^  elector  shall,  at  the  time  of  his  registration, 
take  and  subscribe  to  the  following  oath  :  "  I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitution 
of  the  United  States  and  of  the  State  of  Florida,  that  I  am 
twenty-one  years  of  age,  an<l  have  been  a  resident  of  the  State 
of  Florida  for  twelve  months  and  of  this  count}'  six  months, 
and  I  am  qualified  to  vote  under  the  Constitution  of  the  State 
of  Florida." 

Sec.  2.  No  person  under  guardianship,  non  compos  mentis  or 
insane  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  felony  by  a  court  of  record  be  qualified 
to  vote  at  any  election  unless  restored  to  civil  rights. 

Sec.  3.  The  legislature  shall  have  power  and  shall  enact  the 
necessary  laws  to  exclude  from  every  office  of  honor,  power,  trust 
or  profit,  civil  or  military,  within  the  State,  and  from  the  right  of 
suffrage,  all  persons  convicted  of  bribery,  perjury,  larceny,  or 
of  infamous  crime,  or  who  shall  make  or  become  directly  or 
indirectly  interested  in  any  bet  or  wager,  the  result  of  which 
shall  depend  upon  any  election ;  or  who  shall  hereafter  fight  a 
duel  or  send  or  accept  a  challenge  to  fight,  or  who  shall  be  a 
second  to  either  party,  or  be  the  bearer  of  such  challenge  or 
acceptance  ;  but  the  legal  disability  shall  not  accrue  until  after 
trial  and  conviction  by  due  form  of  law. 

Sec.  4.  Any  person  who  shall  give,  or  promise  or  ofi'er  to 
give,  to  an  elector  any  money,  reward  or  other  valuable 
consideration  for  his  vote  at  an  election  in  this  State,  or  for 
Avitholding  the  same,  or  who  shall  give  or  promise  to  give  such 
consideration  to  any  other  person  or  party  for  such  elector's 
vote,  or  for  the  withholding  thereof,  and  any  elector  who  shall 
receive  or  agree  to  receive  for  himself  or  for  another,  any 
mone}^,  reward  or  other  valuable  consideration  for  his  vote  at 
an  election,  or  for  withholding  the  same,  shall  thereby  forfeit 
the  right  to  vote  at  such  election,  but  any  elector  whose  right 
to  vote  shall  be  challenged  for  such  cause  before  the  election 
officers  shall  be  required  to  swear  or  affirm  that  the  matter  of 
the  challenge  is  untrue,  when  his  vote  shall  be  received. 

Sec.  5.  Any  person  who  shall,  while  a  candidate  for  office, 
be  guilty  of  bribery,  fraud,  or  wilful  violation  of  any  election 
law,  shall  be  forever  disqualified  from  liolding  an  office  of  trust 
or  profit  under  the  laws  of  this  State  ;  and  any  person  con- 
victed of  wilful  violation  of  the  election  laws  shall,  in  addi- 
tion to  any  penalties  provided  by  law,  be  deprived  of  the 
right  of  suffrage  absolutely  for  a  term  of  six  years. 

Sec.  6.  In  all  elections  by  the  Legislature  the  vote  shall*be 


viva  voce,  and  in  all  elections  by  the  people  the  vote  shall  be 
by  ballot. 

Sec.  T.  The  Legislature,  at  its  first  session  af:er  the  rati- 
fication of  this  Constitution,  shall  b}'  law  provide  for  the  regis- 
tration of  all  the  legally  qualified  voters  in  each  county,  and 
for  the  returns  of  elections  :  ani  shall  also  provide  that  after 
the  completion,  from  time  to  time,  of  such  registration,  no  per- 
son not  duly  registered  according  to  la^  shall  be  allowed  to 
vote. 

Sec  S.  At  any  election  at  which  a  citizen  or  subject  of  any 
foreign  country  shall  offer  to  vote  under  the  provisions  of  this 
Constitution,  if  required  by  any  elector  shall  produce  to  the 
persons  lawfully  authorized  to  conduct  and  supervise  such  elec- 
tion, a  duly  sealed  and  certified  copy  of  his  declaration  of  in- 
te:ition.  and  if  unable  t"  do  so  by  reason  that  such  copy  cannot 
be  obtained  at  the  time  of  said  election,  he  shall  be  allowed  to 
make  affidavit  before  a  proper  officer,  setting  forth  the  reason 
why  he  is  unable  to  furnish  such  certificate,  and  if  said  affida- 
vit proves  satisfactory  to  the  Inspectors  they  shall  allow  said 
elector  to  cast  his  vote,  and  any  naturalized  citizen  ofi'ering  to 
vote  shall,  if  so  required  by  any  elector,  produce  his  certificate 
of  naturalization,  or  a  duly  certified  copy  thereof,  and  in  the 
event  said  elector  cannot  produce  the  same  he  shall  be 
allowed  to  make  affidavit  before  a  proper  officer,  stating  in 
full  the  reason  why  it  cannot  be  furnished,  and  if  satisfactory 
to  the  Inspectors  of  said  election,  said  elector  shall  be  allowed 
to  vote  at  said  election. 

Sec.  9.  The  Legislature  shall  enact  such  laws  as  will  pre- 
serve the  purity  of  the  ballot  given  under  this  Constitution. 

AX  ORDIXAXCE 

TO   BE  VOTED   UPOX   SEPARATE  FROM  THE   COXSTITUTIOX.  TO  BE- 
COME  A  PART  OF   THE   COaSTITUTIOX  IF  ADOPTED. 

That  in  addition  to  the  requisite  qualifications  of  an  elector 
of  this  State  as  recited  in  section  one  of  this  Article  :  Xo  per- 
son shall  be  deemed  such  qualified  elector  until  he  shall  have 
paid  each  year  a  capitation  tax  not  to  exceed  one  dolar.  as 
shall  be  provided  by  law. 

Mr.  Pelot.  of  the  Committee  on  Suffrage  and  Eligibility, 
offered  the  following  minority  report : 

CoxvE.vTiON  Hall.  Tallahassee,  Tla..  July  31,  1835. 

Hox.  Samuel  Pasco, 

President  of  the  Convention  : 
Sir:  We.  the  undersigned,  a  minority  of  the  Committee  on 


560 


Suffrage  and  Eligibility,  would  respectfully  submit  that  while 
we  agree  mainly  with  the  report  of  a  majority  of  the  commit- 
tee, we  are  not  in  favor  of  adopting  as  a  separate  ordinance  the 
matter  of  a  poll-tax  as  a  qualification  for  voting,  believing  that 
it  should  be  left  in  the  power  of  the  Legislature,  in  order  that 
they,  representing  the  people,  may  impose  such  a  prerequisite, 
and  in  case  the  operation  of  the  law  should  be  such  as  would 
be  detrimental  to  the  public  good,  the  same  may  be  abolished. 
We  would  further  submit  that  section  4  of  the  committee's 
original  report  is  fully  provided  for  in  other  sections  of  the 
report,  and  in  a  less  objectionable  way,  and  we  believe  that 
in  practice  the  operation  of  said  section  would  be  found 
oppressive,  obstructive  and  mischievous ;  and  we  further  be- 
lieve that  it  is  in  contravention  of  the  Bill  of  Rights.  We 
would,  therefore,  as  embodying  our  views,  respectfully  submit 
the  following  report  and  recommend  its  adoption. 

Very  respectfully, 

J.  C.  Pelot, 
W.  T.  Orman, 
E.  L.  Odom, 

S.  J.  TURNBULL, 

Committee. 

Minority  Report.] 

ARTICLE  XIY. 

SUFFRAGE  AND  ELIGIBILITY. 

Section  L  Every  male  person  of  the  age  of  twenty-one  years 
and  upwards,  who  shall,  at  the  time  of  registration,  be  a  citi- 
zen of  the  United  States,  or  who  shall  have  declared  his  in- 
tention to  become  such  in  conformity  to  the  laws  of  the  United 
>tates,  and  who  shall  have  resided  and  had  his  habitation, 
domicile,  home  and  place  of  permanent  abode  in  Florida  for 
one  year,  and  in  the  county  for  six  months,  shall  in  such  coun- 
ty be  deemed  a  qualified  elector  at  all  elections  under  this  Con- 
stitution. 

Sec.  2.  The  Legislature,  at  its  first  session  after  the  rati- 
fication of  this  Constitution,  shall  by  law  provide  for  the  regis- 
tration of  all  the  legally  qualified  voters  in  each  county,  and 
for  the  returns  of  elections  :  and  shall  also  provide  that  after 
the  completion,  from  time  time,  of  such  registration,  no 
person  not  duly  registered  according  to  law  shall  be  allowed 
to  vote. 

Sec.  3.  Every  elector  shall,  at  the  time  of  his  registration, 
take  and  subscribe  to  the  following  oath :  "  I  do  solemnly 
swear  or  affirm  that  I  will  protect  and  defend  the  Constitu- 
tion of  the  United  States  and  of  the  State  of  Florida,  that  I 


am  twenty-one  years  of  age,  and  have  been  a  resident  of  the 
State  of  Florida  for  twelve  mouths  and  of  this  county  six 
months,  and  I  am  qualified  to  vote  under  the  Constitution  and 
laws  of  the  State  of  Florida.'' 

Sec.  4.  Xo  person  under  guardianship,  non  compos  mentis^ov 
insane  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  felony  by  a  court  of  record  be  qualified 
to  vote  at  an}'  election  unless  restored  to  civil  rights. 

Sec.  5.  The  Legislature  shall  have  power  and  shall  enact  the 
necessary  laws  to  exclude  from  every  office  of  honor,  power, 
trust,  or  profit,  civil  or  military,  within  the  State,  and  from 
the  right  of  suffrage,  all  persons  convicted  of  bribery,  perjur}^ 
larceny  or  of  infamous  crime,  or  who  shall  make  or  become 
directly  or  indirectly  interested  in  an}'  bet  or  wager,  the  re- 
sult of  which  shall  depend  upon  any  election  ;  or  who  shall 
hereafter  fight  a  duel  or  send  or  accept  a  challenge  to  fight,  or 
who  shall  be  a  second  to  either  part}',  or  be  the  bearer  of  such 
challenge  or  acceptance  :  but  the  legal  disability  shall  not  ac- 
crue until  after  trial  and  conviction  by  due  form  of  law. 

Sec.  6.  In  all  elections  by  the  Legislature  the  vote  shall  be 
viva  voce,  and  in  all  elections  b}'  the  people  the  vote  shall  be 
by  ballot. 

Sec.  T.  At  any  election  at  which  a  citizen  or  subject  of  any 
foreign  country  shall  offer  to  voie  under  the  provisions  of  this 
Constitution,  if  required  by  any  elector  shall  produce  to  the 
persons  lawfully  authorized  to  conduct  and  supervise  such 
election  a  duly  sealed  a"d  certified  copy  of  his  declaration  of 
intention,  and  if  unable  to  do  so  by  reason  that  such  copy 
cannot  be  obtained  at  the  time  of  said  election,  he  shall  be  al- 
lowed to  make  affidavit  before  a  proper  officer,  setting  forth 
the  reason  why  he  is  unable  to  furnish  such  certificate,  and  if 
said  aflidavit  proves  satisfactory  to  the  inspectors  they  shall 
allow  said  elector  to  cast  his  vote  ;  and  any  naturalized  citizen 
offering  to  vote  shall  if  so  required  by  any  elector  produce 
his  certificate  of  naturalization  or  a  duly  certified  copy 
thereof,  and  in  the  event  that  said  elector  cannot  produce  the 
same,  he  shall  be  allowed  to  make  affidavit  before  a  proper  of- 
ficer stating  in  full  the  reason  why  it  cannot  be  furnished,  and 
if  satisfactory  to  the  inspectors  of  said  election  said  elector 
shall  be  allowed  to  vote  at  said  election. 

Sec.  8.  The  Legislature  shall  have  the  power  to  make  the 
payment  of  the  poll  tax  a  prerequisite  for  voting  and  all  such 
taxes  received  shall  go  into  the  school  fund; 

Which  was  read. 

Mr.  Mann  moved  the  consideration  of  the  majority  report. 
36 


562 


Mr,  Yonge  moved  to  substitute  the  minority  for  the  majori- 
ty report  and  consider  it. 

Mr.  Mann  moved  to  lay  the  motion  to  substitute  on  the  ta- 
ble. 

The  yeas  and  nays  were  called  for. 
The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Bush,  Car- 
ter, Carr,  Carson,  Challen,  Chandler,  Conover,  Fowler,  Gen- 
ovar,  Gibbs,  Goodbread,  Goss,  Hargret,  Humphries,  Hunter, 
Lesley,  Lewis,  Mann,  Miller,  Mitchell,  McKinnon,  Oliveros, 
Petty,  Randall  of  Duval,  Rogers,  Sanchez,  Thompson,  Tomp- 
kins, Walker,  Jr.,  Walter,  Westcott  and  Zipperer — 35. 

Nays — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bethel,  Blackburn,  Blount,  Broome,  Clarke  of  Jefferson,  Clark 
of  Jackson,  Coker,  Cook,  Davidson,  Davis,  Duncan,  Earle, 
Edge,  Fogarty,  Gillis,  Green,  Hatch,  Hausman,  Hendley,  Hen- 
derson, Herndon,  Hicks,  Hocker,  Hope,  Ives,  Johnston,  Jones, 
Landrum,  Love,  Lutterloh,  Malone,  Maxwell,  Milton,  Morgan, 
McCaskill,  McClellan,  Neel,  Odom,  Orman,  Parkhill,  Parsons, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Rowe,  Scott,  Sheats,  Speer,  Stone,  Swearingen, 
Taylor,  Tedder,  TurnbuU,  Wadsworth,  Weeks,  Wellman, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and 
Yonge— 63. 

So  the  motion w  as  not  agreed  to. 

Mr.  Sheats  gave  notice  that  he  would  on  to-morrow  move  to 
reconsider  the  vote  by  which  Article  XIY  was  lost  to-day. 

Ml'.  Yonge  moved  the  previous  question  on  the  motion  to 
substitute  the  minority  report  for  that  of  the  majority. 

The  question  was  : 

Shall  the  main  question  be  now  put  ? 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Mr.  President,  Messrs.  Bethel,  Blackburn,  Blount? 
Carson,  Clarke  of  Jefferson,  Clarke  of  Jackson,  Coker,  Cook 
Davidson,  Davis,  Duncan,  Earle,  Fogarty,  Gillis,  Hatch,  Haus-. 
man,  Hendley,  Herndon,  Hicks,  Hocker,  Hope,  Ives,  Johnston, 
Jones,  Love,  Lutterloh,  Malone,  Maxwell,  Milton,  Morgan, 
McCaskill,  McClellan,  Neel,  Odom,  Orman,  Parkhill,  Parsons, 
Paterson,  Pelot,  Randell  of  Madison,  Randolph,  Richard, 
Robertson,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor 
Tedder,  Turnbull,  Wadsworth,  Weeks,  Wellman,  Wilson  of 
Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and  Yonge — 59. 

Nays — Messrs.  Baker,  Bell  ofHamilton,  Bennett,  Broome, 
Bush,  Carter,  Carr,  Challen,  Chandler,  Conover,  Edge,  Fow- 
ler, Genovar,  Gibbs,  Goodbread,  Goss,  Green,  Hargret,  Hum- 


563 


phries,   Hunter,   Lanclrnm,    Lesley,   Lewis,   Maun,  Miller, 
Mitchell,   McKinnon,   Oliveros,   Pett}',  Randall   of  Duval, 
Rogers,  Thompson,  Tolbert,  Tompkins,  Walker,  Jr.,  Walter, 
VVestcott  and  Zipperer — 38. 
So  the  previous  question  was  ordered. 

The  question  was,  shall  the  minority  report  be  substituted 
for  that  of  the  majorit}^ ; 
Which  was  agreed  to. 

Mr.  Conover  moved  that  the  rules  be  waived,  and  that  both 
reports  be  read  the  first  time  hy  tlieir  titles. 

Mr.  Walker,  Jr.,  moved  to  lay  the  motion  to  waive  the  rules 
on  the  table  ; 

Which  was  not  agreed  to. 

The  minority  report  was  read  the  first  time  by  its  title. 
The* majorit}"  report  was  then   read  the  first  time  by  its 
title. 

Mr.  Bethel  moved  that  the  rules  be  further  waived,  and  the 
reports  be  read  a  second  time. 

The  question  was  upon  the  suspension  of  the  rules. 
The  yeas  and  nays  were  called  for. 
The  vote  was  ; 

Yeas — Mr.  President,  Messrs.  Bethel,  Blackburn,  Blount, 
Carson,  Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook, 
Davidson,  Davis,  Duncan,  Earle,  Fogarty,  Gillis,  Hausman, 
Hendley,  Herndon,  Hicks,  Hocker,  Humphries,  Ives,  John- 
ston, Jones,  Love,  Lutterloh,  Malone,  Maxwell,  Milton,  Mor- 
gan, McCaskill,  McClellan,  Xeel,  Odom,  Orman,  Parkhill, 
Parsons,  Paterson,  Pelot,  Randell  of  Madison,  Randolph, 
Richard,  Robertson,  Rogers,  Scott,  Sheats,  Speer,  Stone, 
Swearingen,  Ta3dor,  Turnbull,  Wadsworth,  Weeks,  Wellman, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly  and 
Yonge — 58. 

^^'ays — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Broome,  Bush,  Carr,  Challen,  Chandler,  Conover, 
Edge,  Powler,  Gibbs,  Goodbread,  Goss,  Hargret,  Hatch,  Hen- 
derson, Hope,  Hunter,  Lewis,  Mann,  Miller,  xMitchell,  McKin- 
non, Oliveros,  Petty,  Randall  of  Duval,  Tedder,  Thompson, 
Walker,  Jr.,  Walter,  Westcott  and  Zipperer — 33. 

So  the  Convention  refused  to  suspend  the  rules,  two-thirds 
not  voting  in  the  affirmative. 

On  motion  of  Mr.  McClellan,  the  Convention  adjourned  until 
9  o'clock  A.  M.  to-morrow. 


564 


FORTY-FIFTH  DAY. 


SATURDAY,  August  1,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  chair. 

The  roll  being  called,  the  following  delegates  answered  to 
their  names : 

Mr.  President,  Messrs.  Baker,  Bell  of  Hamilton,  Bennett, 
Bethel,  Blackburn,  Blount,  Broome,  Bush,  Carter,  Carr,  Car- 
son, Challen,  Chandler,  Clarke  of  Jefferson,  Clark  of  Jackson, 
Coker,  Conover,  Cook,  Davidson,  Davis,  Duncan,  Earle,  Edge, 
Fogarty,  Fowler,  Genovar,  Gibbs,  Gillis,  Goodbread,  Goss, 
Green,  Hatch,  Hausman,  Hendley,  Henderson,  Herndon^ 
Hicks,  Hocker,  Hope  Humphries,  Hunter,  Ives,  Johnston, 
Jones,  Landrum,  Lesley,  Lewis,  Love,  Lutterloh,  Malone, 
Mann,  Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  McCaskill, 
McClellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parkhill, 
Parsons,  Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell 
of  Madison,  Randolph,  Richard,  Robertson,  Rogers,  Rowe, 
Sanchez,  Scott,  Sheats,  Speer,  Stone,  Swearingen,  Taylor,  Ted- 
der, Tolbert,  Tompkins,  Turnbull,  Wadsworth,  Walker,  Jr., 
Walter,  Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wilson 
of  Polk  and  Manatee,  Wylly,  Yonge  jaid  Zipperer — 98. 

A  quorum  present. 

Prayer  by  th^  Chaplain. 

Mr.  Rogers,  moved  that  the  reading  of  the  Journal  be  dis- 
pensed with  ; 

Which  was  agreed  to. 

The  Journal  was  corrected  and  approved. 

Mr.  Miller  offered  the  following  resolution  : 

Resolved^  That  this  Convention  do  adjourn  sine  die  on  Mon- 
day, the  3d  day  of  August,  A.  D.  1885. 

Resolved^  further^  That  a  copy  of  this  resolution  be  imme- 
diately certified  to  the  Comptroller  ; 

Which  was  considered  by  unanimous  consent. 

Mr.  Conover  moved  to  strike  out  the  words    12  o'clock  M 

Which  was  agreed  to,  and  |the  resolution  was  adopted  as 
amended. 

Mr.  Conover  offered  the  following,  which  was  considered  by 
unanimous  consent : 
That  the  Committee  on  Engrossment  and  Enrollment  are 


565 


hereby  herebj"  authorized  to  employ  such  additional  clerical 
force  as  may  be  necessary  to  secure  the  speed}^  enrollment  of 
the  Constitution ;  and  the  Serectar}^  of  the  Convention  is 
authorized  to  audit  the  account,  and  the  Comptroller  to  pay 
the  same,  on  the  approval  of  the  Committee  on  Engrossment 
and  Enrollment  for  such  such  additional  clerical  assistance  ; 

Which  was  agreed  to  and  adopted. 

Mr.  Orman  offered  the  following  resolution : 

Which  was  considered  b^^  unanimous  consent : 

Besolved^  That  the  President  and  Secretar\^  be  authorized 
to  issue  the  certificates  of  pay,  when  wanted  in  small  sums  of 
not  less  than  twenty-five  dollars  each,  for  the  accommodation 
of  the  members. 

Upon  motion,  the  resolution  was  declared  adopted. 
Mr.  Gillis,  Chairman  of  Committee  to  Revise  and  Supervise 
the  Recording  of  the  J ournal,  made  the  following  report  : 

Convention  Hall,  Tallahassee,  Fla.,  August  1,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Revising  the  Recording  of  the 
Journal  instruct  me  to  report  that  they  have  revised  the  J  our- 
nal up  to  the  proceedings  of  July  the  22d,  the  same  being  the 
36th  day. 

Yery  respectfully, 

Irving  Gillis, 

Chairman  Committee. 

Which  was  received  and  read. 

The  Ordinance  to  Provide  for  the  Distribution  of  the  Jour- 
nals of  this  Convention  and  the  Revised  Constitution, 

Was  read  the  first  time  by  its  title  and  placed  among  the 
orders  of  the  da}'. 

Article  XIY,  on  Suffrage  and  Eligibilit}'^  came  up  for  con- 
sideration on  its  second  reading. 

The  minority  report  was  read. 

Mr.  Pelot  moved  to  have  the  last  clause  in  section  7  made  a 
separate  section  and  numbered  section  8  ; 

Which  was  agi'eed  to  and  it  was  so  ordered. 

Mr.  Walker,  Jr.,  moved  to  indefinitely  postpone  further  con- 
sideration of  the  minority  report. 

Mr.  Turnbull  moved  to  lay  the  motion  to  indefinitely  post- 
pone on  the  table  ; 

Which  was  agreed  to,  and  the  motion  was  laid  upon  the 
table. 


566 


Mr.  Mann  made  the  following  motion  : 
That  Section  8  of  the  minority  report  be  first  considered. 
Mr.  Clarke,  of  Jefferson,  moved  to  lay  the  motion  on  the 
table  ; 

Which  was  not  agreed  to. 

Mr.  Oliveros  moved  the  adoption  of  section  8  as  reported 
by  the  minorit}^  report. 

Mr.  Turnbull  moved  to  amend  as  follows  : 

Section  8,  line  2,  strike  out    have  the  power  to." 

Mr.  Randell,  of  Madison,  offered  to  amend  the  amendment 
as  follows  : 

Section  8,  strike  out  in  second  line  "  shall  have  power,"  and 
insert  "  shall  at  its  first  session  after  the  adoption  of  this  Con- 
stitution make." 

Mr.  Mann  moved  to  lay  the  amendment  and  the  amendment 
thereto  on  the  table. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Bennett,  Broome, 
Bush,  Carter,  Carr,  Carson,  Challen,  Chandler,  Conover, 
Duncan,  Earle,  Fowler,  Genovar,  Gibbs,  Groodbread,  Goss, 
Green,  Hargret,  Hendley,  Hicks,  Hocker,  Hope,  Humphries,. 
Hunter,  Landrum,  Lesley,  Lewis,  Mann,  Miller,  Mitchell, 
isTeel,  Parsons,  Pelot,  Petty,  Randall  of  Duval,  Randolph,. 
Rogers,  Rowe,  Sanchez,  Sheats,  Swearingen,  Thompson,  Tol- 
bert,  Tompkins,  Walker,  Jr.,  Walter,  Westcott,  Wilson  of 
Polk  and  Manatee  and  Zipperer — 5L 

Xays — Mr.  President,  Messrs.  Bethel,  Blackburn,  Blount, 
Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  David- 
son, Davis,  Edge,  Fogarty,  Gillis,  Hatch,  Hausman,  Hender- 
son, Herndon,  Johnston,  Jones,  Love,  Lutterloh,  Malone, 
Maxwell,  Milton,  Morgan,  McCaskill,  McClellan,  Odom,  Oli- 
veros, Orman,  Parkhill,  Paterson,  Randell  of  Madison, 
Richard,  Robertson,  Scott,  Speer,  Stone,  Taylor,  Tedder, 
Turnbull,  Wadsworth,  Weeks,  Wellman,  Wilson  of  Clay, 
Wylly  and  Yonge— 47. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 
Mr.  Oliveros  renewed  his  motion  to  adopt  section  8  as 
amended  ; 

Which  was  agreed  to. 

Section  8  was  adopted  as  amended. 

Mr.  Lesley  offered  the  following  additional  two  sections : 

Sec.  9.  Any  person  who  shall  give,  or  promise  or  offer  to 
give,  to  an  elector  any  money,  reward  or  other  valuable  con- 


9 


567 

sideration  for  his  vote  at  an  election  in  this  State,  or  for 
withholding  the  same,  or  who  shall  give  or  promise  to  give 
such  consideration  to  any  other  person  or  party  for  such 
elector's  vote,  or  for  the  withholding  thereof,  and  any  elector 
who  shall  receive  or  agree  to  receive  for  himself  or  for  another, 
any  mone}',  reward  or  other  valuable  consideration  for  his 
vote  at  an  election,  or  for  withholding  the  same,  shall  there- 
by forfeit  the  right  to  vote  at  such  election,  but  an}^  elector 
whose  right  to  A^ote  shall  be  challenged  for  such  cause  be- 
fore the  election  officers  shall  be  required  to  swear  or  affirm 
that  the  matter  of  the  challenge  is  untrue,  when  his  vote  shall 
be  received. 

Sec.  10.  Any  person  who  shall,  while  a  candidate  for  office, 
be  guilty  of  bribery,  fraud,  or  wilful  violation  of  an}^  election 
law,  shall  be  forever  disqualified  from  holding  an  office  of  trust 
or  profit  under  the  laws  of  this  State  ;  and  any  person  con- 
victed of  wilful  violation  of  the  election  laws  shall,  in  addition 
to  an}^  penalties  provided  b}^  law,  be  deprived  of  the  right  of 
suffrage  absolutely  for  a  term  of  six  years. 

Mr.  Pelot  moved  to  la}^  the  additional  sections  on  the  table. 
The  3^eas  and  nays  were  called  for. 
The  vote  was  : 

Yeas— Messrs.  Baker,  Blackburn,  Blount,  Broome,  Carter,  Car- 
son, Clarke  of  Jefferson,  Clark  of  Jackson,  Coker,  Cook,  Davis, 
Duncan,  Earle,  Fogarty,  Genovar,  Gillis,  Hatch,  Hausman, 
Hendley,  Herndon,  Hicks,  Hope,  Ives,  Johnston,  Jones,  Lan- 
drum.  Love,  Lutterloh,  Maione,  Maxwell,  Milton,  Morgan,  Mc- 
Caskill,  McClellan,  Xeel,  Odom,  Oliveros,  Orman,  Parkhill, 
Parsons,  Paterson,  Pelot,  Randell  of  Madison,  Pvandolph, 
Kichard,  Robertson,  Rowe,  Sanchez,  Scott,  Sheats,  Speer, 
Stone,  Swearingen,  Taylor,  Tedder.  Turnbull.  Wadsworth, 
Weeks,  Wellman,  Westcott,  Wilson  of  Clay,  Wylly  and  Yonge 
—62. 

Xays — Messrs.  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Bennett,  Bush,  Carr,  Challen,  Chandler,  Conover, 
Edge,  Fowler,  Gibbs,  Goodbread.  Goss,  Green,  Hargret, 
Hocker,  Hunter,  Lesley,  Lewis,  Mann,  Miller,  Mitchell,  Petty, 
Randall  of  Duval,  Thompson,  Tolbert,  Tompkins,  Walker,  Jr., 
Walter,  Wilson  of  Polk  and  Manatee,  and  Zipperer — 31. 

So  the  motion  to  lay  on  the  table  was  agreed  to. 
Mr.  Oliveros  offered  the  following  additional  section : 

Sec.  9.  The  Legislature  shall  enact  such  laws  as  will  pre- 
serve the  purity  of  the  ballot  given  under  this  Constitution  ; 
Which  was  adopted. 


568 


Mr.  Baker  moved  to  reconsider  the  vote  by  which  additional 
sections  8  and  9,  offered  by  Mr.  Lesley,  were  laid  upon  the 
table. 

By  unanimous  consent  the  motion  was  immediately  con- 
sidered. 

The  question  was  upon  the  motion  to  reconsider. 
Mr.  Oliveros  moved  to  lay  the  motion  to  reconsider  on  the 
table ; 

Which  was  agreed  to,  and  the  motion  to  reconsider  was  laid 
on  the  table. 

Article  XIY  having  passed  its  second  reading,  Mr.  Mann 
moved  that  the  rules  be  suspended,  and  that  Article  XIY,  as 
reported  by  the  minority  of  the  committee  and  amended  by 
the  Convention,  be  read  a  third  time  and  put  upon  its  passage. 

The  rules  were  waived  b}^  unanimous  consent,  and  the  Arti- 
cle as  amended  was  read  a  third  time. 

Mr.  Walker,  Jr.,  offered  to  amend  section  9  as  follows  : 

Add  the  following  :  To  the  extent  of  disfranchising  and 
disqualifying  from  holding  office  persons  convicted  of  fraud  at 
election." 

Mr.  Maione  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Maione  moved  to  strike  out  the  word  "  poll "  in  section 
8  and  insert  the  word    capitation  "  in  lieu  thereof ; 
Which  was  agreed  to. 

Mr.  Miller  offered  the  following  additional  section : 

Insert  as  a  new  section :  Section  5.  An}^  person  who  shall 
be  guilty  of  bribery,  fraud,  or  wilful  violation  of  any  election 
law,  shall  be  forever  disqualified  from  holding  an  office  of  trust 
or  profit  under  the  laws  of  this  State ;  and  any  person  con- 
victed of  wilful  violation  of  the  election  laws  shall,  in  addition 
to  any  penalties  provided  by  law,  be  deprived  of  the  right  of 
suffrage  absolutel}^ 

Mr.  Pelot  moved  to  lay  the  additional  section  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Pelot  moved  that  Article  XIY  on  Suffrage  and  Eligi- 
bility, as  amended,  be  put  upon  its  final  passage,  and  moved 
the  previous  question. 

The  previous  question  was  ordered. 

The  question  was  upon  the  final  passage  of  Article  XIY  as 
amended. 

The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Mr.  President,  Messrs.  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Bennett,  Bethel,  Blackburn,  Blount,  Broome, 


569 

Bush.  Carter.  Carson.  Clarke  of  Jeferson.  Clark  of  Jackson. 
Coker.  Conover.  Cook.  Da\i.s.  Duncan.  Earle.  Edge.  Fogarty. 
Genovar.  GiUis.  G-oodbread.  Green.  Hausman.  Hendley.  Hen- 
derson. Herndon.  Hicks.  Hocker.  Hope.  Humphries.  Hunter. 
Ires.  Johnston.  Jones.  Landrum.  Lesley.  Lewis.  Love.  Lutter- 
loh.  Malone.  Mann.  Alaxwell.  Milton,  Morgan.  McCaskill.  Mc- 
Clellan.  McKinnon.  Xeel.  Odom.  Oliveros.  Orman.  Parkhill. 
Parsons.  Paterson.  Pelot.  Eandeli  of  Madison.  Randolph,  Rich- 
ard. Robertson.  Rogers.  Rowe,  Sanchez.  Scott.  Sheats.  Speer. 
Stone.  Swearingen.  Taylor.  Tedder.  Thompson.  Tolbert. 
Tompkins.  TurnbuU.  Wadsworth.  Walker.  Jr.,  Weeks.  Well- 
man.  Westcott.  Wilson  of  Clay.  Wilson  of  Polk  and  ^lanatee, 
Wylly.  Yonge.  and  Zipperer — S^-'. 

Xavs — Messrs.  Baker.  Carr.  Challen.  Chandler.  Fowler. 
Gibbs.  Goss.  Harsret.  Miller.  Mitchell.  Pettv  and  Randall  of 
Duval— 12. 

So  Article  XIV  vras  passed  as  stated. 

TTpon  motion  the  rules  were  waived  and  the  following  Ordi- 
nance was  read  a  second  time  : 

AX  ORDIXAXCE 

TO  PROTirZ  FOP.  THE  IISTRIBUTION  01   THE  .JOrPyALS  OF  THIS 
COXVEXTION  AXD  THE  REVISED  COXSTITUTIOX. 

The  Ftojjie  oj-"  the  State  Florida,  in  Co/ivenfion  assembled, 
do  ordai'/i  as  tolloics  : 

The  printer  of  this  Convention  shall,  without  delay,  print 

and  have  stitched  in  pamphlet  form  thousand  copies  of 

the  Journals  of  this  Convention  and  thousand  copies  of 

the  Revised  Constitution,  and  immediately  deliver  the  same, 
together  with  a  statement  of  the  estimated  cost  thereof,  to  the 
Secretary  of  State,  who  shall,  as  soon  as  possible  after  their 
publication,  distribute  copies  as  follows  :  To  each  of  the  offi- 
cers to  whom  he  is  at  prest-nt  required  to  distribute  copies  of 
the  acts  of  the  Legislature,  two  copies  :  to  each  member  of  this 
Convention,  two  copies  :  to  each  Clerk  of  the  Circuit  Court  for 
general  distribution,  twelve  copies.  The  Secretary  of  State 
shall  distribute  copies  of  the  Journals  and  Constitution  in 
tbe  same  manner  that  he  is  required  to  distribute  acts  of  the 
Legislature. 

The  next  Legislature,  after  the  passage  hereof,  shall  provide 
compensation  for  the  printing  and  distribution  of  the  docu- 
ments herein  required  to  be  printed  and  distributed. 


570 


Mr.  Baker  moved  to  amend  as  follows : 

Add  the  words  "  and  attaches  "  after  word  "  member,"  in 
11th  line,  and  after  word  "  Legislature,"  in  last  line  of  first 
paragraph,  add  "  and  to  each  editor  of  any  newspaper  in  the 
State  applying  for  the  same  five  copies." 

Mr.  Wylly  moved  to  lay  the  amendment  on  the  table  ; 
Which  was  a2:reed  to. 

Mr.  Baker  moved  to  insert  the  word  "  one  "  m  the  first  blank 
and  the  word  "  five  "  in  the  second  blank. 

Mr.  Chandler  moved  that  further  consideration  of  the  Ordi- 
nance be  postponed  until  the  report  of  the  Committee  on 
Printing  be  received. 

Mr.  Turnbuli  ofiered  the  following  resolution  : 

That  an  index  to  the  proceedings  of  this  Convention  be 
prepared  under  the  direction  of  the  President  and  that  it  be 
published  with  the  proceedings. 

Mr.  Oliveros  moved  to  lay  the  resolution  on  the  table  ; 
Which  was  agreed  to. 

Mr.  Taylor  offered  the  following  additional  section  to  Mis- 
cellaneous Provisions : 

The  Le2:islature  shall  appropriate  at  least  five  hundred  dol- 
lars each  year  for  the  purchase  of  such  books  for  the  Supreme 
Court  library  as  the  said  Court  may  direct. 

The  question  was  upon  the  suspension  of  the  rules  so  that 
the  additional  section  might  be  considered. 
The  rules  were  suspended. 

The  additional  section  was  read  the  first  time. 

Mr.  Walter  moved  the  further  suspension  of  the  rules  that 
the  additional  section  might  be  read  a  second  time; 

Which  was  agreed  to,  and  the  rules  were  suspended. 

The  additional  section  was  read  a  second  time. 

Mr.  Walter  moved  that  the  rules  be  again  suspended,  the 
additional  section  be  read  a  third  time  and  put  upon  its 
final  passage  ; 

Which  was  agreed  to,  and  the  rules  were  suspended. 

The  additional  section  was  read  a  third  time  and  put  upon 
its  final  passage. 

The  yeas  and  nays  were  called. 

The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bennett, 
Blount,  Broome,  Carter,  Carr,  Carson,  Challen,  Chandler, 
Clark  of  Jackson,  Conover,  Cook,  Davidson,  Davis,  Dun- 
can, Earle,  Edge,  Fowler,  Genovar,   Gillis,   Green,  Hatch, 


571 


Hausman,  Hicks.  Hooker,  Humphries,  Hunter,  Ives,  Jones, 
Lesley,  Lewis.  Love,  Lutterloh.  Mann,  Maxwell.  Miller,  Milton, 
McCaskill,  McClellan,  Odom,  Oliveros,  Parkhill,  Parsons,  Pat- 
erson,  Pelot,  Randall  of  Duval,  Randell  of  Madison,  Randolph, 
Richard,  Rogers,  Rowe.  Sanchez,  Speer,  Taylor.  Thompson, 
Turnbull,  Wadsworth,  Walker,  Jr.,  TValter,  Wellmau,  West- 
cott,  Wylly  and  Yonge — 64. 

Xa3's — Messrs.  Bell  of  Hamilton,  Blackburn,  Coker,  Good- 
bread,  Goss,  Henderson,  Herndon,  Morgan,  Xeel,  Orman, 
Sheats,  Stone,  Sweariugen,  Tedder,  Tolbert,  Tompkins,  Weeks, 
Wilson  of  Clay  and  Zipperer — 19. 

So  the  additional  section  was  finally  passed  as  stated. 
Mr.  Turnbull,  Chairman  of  the  Committee  on  Printing,  made 
the  following  report : 

Constitutional  Contention  of  Florida, 

To  Dorr  &  Boiren—For  Printing. 
1885.  Dr. 

July  20— To  net  amount  of  bill  rendered  this  day  82,176.98 

Auo.  1— To  Daily  Journals  from  Julv  20th  $3,682.10 

Aug.  1— By  30  per  cent,  off   801  63—  1,8TT.1T 

Xng.  1 — To  miscellaneous  printing,  from  July  20lii.  560.60 

Aug.  1— By  30  per  cent,  off  ^.   168.18—  372.-12 

Aug.  1 — To  345  pages,  353  to  697,  at  81.15  ner  pase.  396.75 

Aug.  1— By  30  per  cent,  off  \  T. .      119.02—  277.73 

Xet  amount  due  ,  ,   84,724  60 

L'pon  motion,  the  report  was  received,  adopted  and  the 
amount  ordered  paid. 

Mr.  Randall,  of  Duval,  olTered  the  following  resolution: 

Ordered^  That  a  sheet  of  enrolling  paper  be  forthwith  pre- 
pared with  the  form  of  attestation  usualh*  employed,  attesting 
that  the  Constitution  annexed  was  adopted  in  open  Conven- 
tion, and  that  members  of  the  Convention  sign  the  same,  and 
the  President  append  the  same  to  the  enrolled  Constitution  ; 

Which  was  agreed  to. 

Mr.  Speer  moved  that  the  report  of  the  Committee  on  Mis- 
cellaneous Provisions  as  reported  3^esterday  be  considered  ; 

Which  was  agreed  to.  and  the  report  was  adopted  and  the 
recommendations  agreed  to. 

Mr.  Conover  called  up  the  following  resolution  offered  by 
him  on  the  28th  day  of  the  session,  as  follows  : 

The  Legislature  shall  provide  a  pension  for  indigent  sol- 
diers and  sailors,  not  other  wise  provided  for  by  law 

Which  was  read. 


572 


The  question  was  upon  the  waiving  of  the  rules  that  the 
resolution  mioht  be  immediately  considered. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Hamilton,  Bush,  Carr,  Carson, 
Chandler,  Conover,  Earle,  Goodbread,  Goss,  Hocker,  Hunter, 
Lesley,  Lewis,  Lutterloh,  Maxwell,  Sanchez,  Sheats,  Tolbert, 
Walker,  Jr.,  and  Wilson  of  Polk  and  Manatee — 21. 

Nays — Messrs.  Blackburn,  Blount,  Broome,  Carter,  Challen, 
Clarke  of  Jefferson,  Coker,  Cook,  Davidson,  Davis,  Duncan, 
Edge,  Fowler,  Genovar,  Gibbs,  Gillis,  Hargret,  Hatch,  Hend- 
ley,  Henderson,  Herndon,  Hicks,  Hope,  Humphries,  Ives, 
Johnston,  Jones,  Love,  Miller,  Morgan,  McCaskill,  McClellan, 
Neel,  Odom,  Oliveros,  Orman,  Parkhill,  Parsons,  Paterson, 
Pelot,  Petty,  Randall  of  Duval,  Randolph,  Richard,  Stone, 
Tedder,  Weeks,  Wilson  of  Clay,  W^ylly  and  Zipperer— 50. 

So  the  rules  were  not  suspended. 

Mr.  Walker,  Jr.,  moved  the  suspension  of  the  rules,  that  he 
might  introduce  the  following  additional  section : 

Section  — .  That  the  Legislature  at  its  first  session  under 
this  Constitution  shall  provide  for  the  pensioning  of  disabled 
soldiers  and  sailors  who  enlisted  in  any  company  or  regiment 
in  Florida  of  the  Union  or  Confederate  armies,  or  may  have 
served  in  the  navy  of  the  United  States  or  the  Confederate 
States  dnring  the  late  war  between  the  States,  and  such  pro- 
vision for  pension  shall  depend  upon  no  condition  whatever, 
except  that  such  soldiers  and  sailors  were  disabled  by  loss  of 
limb  or  otherwise  from  performing  any  kind  of  work  or  labor, 
while  acting  in  line  of  duty  ;  Provided^  No  person  receiving, 
or  hereafter  to  receive,  a  pension  from  the  General  Government 
shall  receive  the  benefits  of  this  section. 

The  question  was  upon  the  waiving  of  the  rules  ; 
Which  was  agreed  to,  and  the  additional  section  was  read 
the  first  time. 

Mr.  Gillis  moved  to  lay  the  additional  section  on  the  table ; 
Which  was  agreed  to,  and  the  additional  section  was  laid  on 
the  table. 

Mr.  Walker,  Jr.,  gave  notice  that  he  would  on  Monday  move 
to  reconsider  the  vote  just  taken. 

On  motion,  the  Convention  took  a  recess  until  4  o'clock  P. 
M.  to-day. 


573 


FOUR  O'CLOCK   P.  M. 

The  Convention  met  pursuant  to  adjournment. 
Vice-President  Yonge  in  the  chair. 

The  roll  was  called,  and  the  following  delegates  answered  to 
their  names : 

Mr,  President,  Messrs.  Baker,  Bell  of  Brevard  and  Dade, 
Bell  of  Hamilton,  Blackburn,  Broome,  Bush,  Carter,  Carr, 
Carson,  Chandler,  Clark  of  Jackson,  Gonover,  Cook,  David- 
son, Davis,  Duncan,  Earle,  Edge,  Fowler,  Grenuvar,  Gibbs, 
Gillis,  Goodbread,  Goss,  Green,  Hatch,  Hausman,  Hendley, 
Henderson,  Herndon,  Hicks,  Hocker,  Hope,  Humphries, 
Hunter,  Ives,  Johnston,  Landrum,  Lesle}^,  Lewis,  Lutterloh, 
Maxwell,  Miller,  Milton,  Mitchell,  Morgan,  McCaskill,  Mc- 
Clellan,  McKinnon,  Neel,  Odom,  Oliveros,  Orman,  Parsons, 
Paterson,  Pelot,  Petty,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Robertson,  Rogers,  Rowe,  Sanchez,  Sheats,  Stone, 
Sweariijgen,  Taylor,  Tedder,  Thompson,  Tolbert,  Tompkins, 
Wadsworth,  Walker,  Jr.,  Walter,  Weeks,  Wellman,  Westcott, 
Wilson  of  Clay,  Wilson  of  Polk  and  Manatee,  Wylly,  Yonge 
and  Zipperer — 8t. 

A  quorum  present. 

Mr.  Blount,  of  Escambia,  was  indefinitely  excused. 
Mr.  Humphries  offered  the  following  resolution : 

Resolved^  That  after  the  Constitution  proposed  and  passed 
by  this  Convention  has  been  duly  signed  hy  the  President 
and  members,  and  attested  by  the  Secretary,  the  original  shall 
be  deposited  in  the  office  of  the  Secretary  of  State,  and  shall 
be  the  Constitution  to  be  submitted  to  the  people  for  ratifica- 
tion, with  leave  to  members  not  present  at  its  adoption  to  sign 
afterward  if  they  so  desire. 

Mr.  Humphries  moved  that  the  rules  be  waived  and  the  res- 
olution be  immediately  considered  ; 

Which  was  agreed  to,  and  the  rules  were  waived. 

The  rules  being  waived,  the  resolution  was  read  a  first,  sec- 
ond and  third  time,  and  declared  adopted. 

Mr  Walker,  Jr.,  moved  to  waive  the  rules  and  take  up  his 
motion  to  reconsider  the  vote  by  which  the  additional  sec- 
tion offered  by  Mr.  Conover,  relative  to  pensioning  disabled 
soldiers  and  sailors,  was  laid  upon  the  table. 

The  question  was  upon  the  suspension  of  the  rules. 

The  yeas  and  nays  were  called  for. 

The  vote  was : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 


574 


Hamilton,  Carr,  Carson,  Chandler,  Conover,  Earle,  Gribbs, 
Gooclbread,  Goss,  Green,  Hargret,  Hausman,  Hocker,  Hope, 
Hunter,  Lesley,  Lewis,  Maxwell,  Miller,  McKinnon,  Paterson, 
Rogers,  Rowe,  Sheats,  Swearingen,  Wadsworth,  Walker,  Jr., 
Wylly  and  Zipperer — 31. 

^^ays — Messrs.  Carter,  Clark  of  Jackson,  Cook,  Davis,  Edge, 
Fowler,  Genovar,  Gillis,  Hatch,  Henderson,  Herndon,  Hum- 
phries, Ives,  Lutterloh,  Milton,  Morgan,  MeCaskill,  McClellan, 
Oliveros,  Orman,  Pelot,  Randall  of  Duval,  Randell  of  Madison, 
Randolph,  Stone,  Wellman  and  Wilson  of  Cla}^ — 27. 

So  the  Convention  refused  to  suspend  the  rules. 
Mr.  Conover  offered  the  following  resolution  : 

Resolved^  That  the  Constitutional  Convention  of  the  people 
of  Florida  having  completed  the  work  for  which  it  was 
assembled,  do  adjourn  on  Monday,  August  the3d,inst.,  subject 
to  the  call  of  the  President,  or  any  thirty  (30)  members  in 
the  absence  of  the  President  from  the  State  ;  Provided^  That 
if  no  call  be  made  before  the  first  day  of  April,  1886,  the 
Convention  shall  stand  adjourned  sine  die  ; 

Which  was  read  and  ordered  spread  upon  the  Journal,  for 
consideration  on  Monday. 

The  following  resolution  was  offered  by  Mr.  Petty : 

The  assistant  Sergeant-at-Arms,  having  been  absent  most  of 
the  session,  shall  be  paid  only  for  one  month's  services. 
Mr.  McClellan  moved  to  lay  the  motion  on  the  table  ; 
Which  was  agreed  to. 

Messrs  Wilson  of  Clay,  Bethel,  Fogarty,  Challen  and  Speer, 
were  indefinitely  excused. 

Mr.  Taylor,  Chairman  of  the  Committee  on  Style  and  Ar- 
rangement, made  the  following  report : 

Convention  Hall,  [ 
Tallahassee,  Fla.,  August  1,  1885.] 

Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  the  Style  and  Arrangement  of 
the  Constitution  beg  leave  to  report  that  they  have  performed 
the  duty  assigned  to  them.  That  your  Committee,  by  order 
of  the  Convention,  have  had  the  different  sections  and  Articles 
of  the  Constitution  reprinted  as  the  same  has  been  arranged 
and  corrected  by  this  committee,  two  hundred  copies  of  which 
have  been  ordered  by  the  Convention  to  be  printed  and  fur- 
nished to  each  member  of  the  Convention,  and  from  which  it 


575 


can  be  seen  what  alterations,  corrections  and  arrangement  of 
the  same  have  been  made  by  this  committee. 

Your  committee  farther  report  that  in  the  arrangement  of 
the  different  sections  they  have  re -numbered  section  twent}"- 
three  (23)  of  the  Declaration  of  Rights  as  acted  on  by  the 
Convention,  making  it  section  four  (4)"  of  the  Declaration  of 
Rights.  We  have  also  re-numbered  section  twenty-two  (22) 
of  the  Declaration  of  Rights,  making  it  section  six  (6)"  of 
said  Article. 

Section  twenty-four  (24)  of  the  Article  on  Miscellaneous 
Provisions,  as  acted  upon  by  the  Convention,  your  committee 
have  transferred  to  the  Article  on  Schedule,  said  section  con- 
taining matter  that  belongs  more  appropriately  to  the  latter 
Article. 

Section  fifteen  (15)  of  the  Article  on  Education,  as  acted 
npon  by  the  Convention,  has  also  been  transferred  by  this 
committee  to  the  Article  on  Miscellaneous  Provisions,  as  sec- 
tion 27  thereof,  that  being  the  most  appropriate  head  under 
which  it  should  come. 

The  two  sections,  Xos.  1  and  2,  composing  the  Article  en- 
titled Private  Corporations,  your  committee  have  also  trans- 
ferred to  the  Article  entitled  Miscellaneous  Provisions," 
numbering  the  same  as  sections  30  and  31  of  the  last  mentioned 
Article. 

Prom  section  nineteen  (19)  of  the  Article  entitled  Legisla- 
tive Department,  as  acted  upon  by  the  Convention,  your  com- 
mittee have  erased  the  following  words,  viz  :  No  money  shall 
be  drawn  from  the  Treasury  except  by  appropriations  made  by 
law  " — for  the  reason  that  the  same  clause  is  contained,  where 
it  more  properl^^  belongs,  in  section  four  (4)  of  the  Article  en- 
titled "  Taxation  and  Finance,"  as  acted  upon  b}^  the  Conven- 
tion. 

Section  five  (5  )  of  the  Article  entitled  Taxation  and  Fi- 
nance," as  acted  upon  bj^  the  Convention,  your  committee  have 
stricken  out  entirely  because  it  is  a  duplicate  of  the  provision 
contained  in  section  19  of  the  Article  entitled  Legislative 
Department,"  as  acted  upon  by  the  Convention. 

From  section  three  (3)  of  the  Article  entitled  Militia,"  your 
committee  have  stricken  out  the  words  "  the  Adjutant-Greneral 
shall  have  the  grade  of  Major  G-eneral,"  because  the  same  pro- 
vision is  duplicated  in  section  16  of  the  Article  entiled  '*  Exec- 
utive Department,"  as  acted  upon  by  the  Convention. 

Section  three  (3)  of  the  provision  entitled  "Ordinance  "  your 
committee  have  placed  in  a  separate  Ordinance  to  itself  and  en- 
titled the  same  "  Ordinance  No.  2." 

Your  committee  would  further  report  that  in  the  punctua- 


576 


tion  and  transposition  of  sentences  they  have  carefully  avoided 
any  change  of  the  meaning  or  spirit  of  any  enactment,  except 
in  the  one  instance  heretofore  reported  by  this  committee  to 
the  Convention,  and  which  has  been  adopted  by  the  Conven- 
tion. And  that  in  the  adoption  by  the  committee  of  new  words 
or  phrases  they  have  been  careful  to  choose  words  and  phrases 
synonymous  with  those  stricken  out  or  discarded  so  as  to  re- 
tain entirely  the  meaning  and  spirit  of  each  enactment. 

Your  committee  would  farther  report  that  they  have  ar- 
ranged the  various  Articles  of  the  Constitution  in  the  follow- 
ing order,  viz  : 

PREAMBLE. 

DECLARATION  OF  RIGHTS. 

ARTICLE  L 

BOUNDAEIES. 

ARTICLE  IL 

DISTRIBUTION  OF  POWERS. 

ARTICLE  in. 

LEGISLATIVE  DEPARTMENT. 

ARTICLE  lY. 

EXECUTIVE  DEPARTMENT. 

ARTICLE  Y. 

JUDICIAL  DEPARTMENT. 

ARTICLE  YI. 

SUFFRAGE  AND  ELIGIBILITY. 

ARTICLE  YIL 

CENSUS    AND  APPORTIONMENT. 

ARTICLE  YIII. 

COUNTIES  AND  CITIES. 

ARTICLE  IX. 

TAXATION  AND  FINANCE. 

ARTICLE  X. 

HOMESTEAD  AND  EXEMPTIONS. 


577 


ARTICLE  XL 

MARRIED  women's  PROPERTY. 

ARTICLE  XII. 

EDUCATION. 

ARTICLE  XIIL 

PUBLIC  INSTITUTIONS. 

ARTICLE  XIY. 

MILITIA. 

ARTICLE  XY. 

PUBLIC  HEALTH. 

ARTICLE  XYI. 

MISCELLANEOUS  PROVISIONS. 

ARTICLE  XYII. 

AMENDMENTS. 

ARTICLE  XYIII. 

SCHEDULE. 

ARTICLE  XIX. 

LOCAL  OPTION. 

ORDINANCES. 

NO.  L 
NO.  2. 
NO.  3. 

Respectfully  submitted, 
R.  F.  Taylor, 

Chairman  of  the  Committee, 

Which  was  received. 

Mr.  Taylor  moved  that  the  report  be  considered  by  the  read- 
ing of  the  Articles  in  order  as  reported  by  the  committee  ; 
Which  was  agreed  to. 

The  Preamble  and  Declaration  of  Rights  was  read  and  de- 
clared to  be  correct. 

Article  I,  on  Boundaries,  was  read  and  declared  to  be  cor- 
rect. 

3t 


578 


Article  II.  on  Distribution  of  Powers,  was  read  and  declared 
to  be  correct. 

Article  III,  on  Legislative  Department,  was  read  and  cor- 
sected  as  follows :  the  word  "  providing  "  was  stricken  out  in 
line  "T,  and  also  in  line  9,  of  section  20. 

Article  lY,  on  Executive  Department,  was  read  and  cor- 
rected as  follows : 

In  line  9,  of  section  11,  insert  comma  after  the  word  re- 
mitted," and  strike  out  the  letter  "  d  "  in  the  word  "  reprieved  " 
in  same  line. 

Article  Y,  on  Judiciary  Department,  was  read  and  corrected 
as  follows : 

In  line  2,  section  1,  insert  after  the  words  County  Courts  " 
a  comma,  and  the  words  "  County  Judges." 

In  line  1,  section  15,  strike  out  the  words  "  advice  and." 
Upon  motion,  the  Convention  took  a  recess  until  8  o'clock 
to-night. 


EIGHT  O'CLOCK  P.  M. 

The  Convention  resumed  its  session. 
President  Pasco  in  the  chair. 

A  quorum  being  present  the  calling  of  the  roll  was  dispensed 
with. 

Mr.  Maxwell  moved  that  section  26  of  Article  on  Miscel- 
laneous Provisions  be  transferred  to  Article  lY  on  Executive 
Department  and  made  section  29  of  Article  lY  ; 

Which  was  unanimously  agreed  to,  and  it  was  so  transferred. 

Article  YII,  on  Census  and  Apportionment,  was  read  and 
declared  correct. 

Article  YIII,  on  Counties  and  Cities,  was  read  and  correct- 
ed as  follows  : 

Section  9  was  transferred  to  Article  XII,  on  Education,  and 
made  section  15  of  said  Article. 

Article  IX,  on  Taxation  and  Finance,  was  read  and  declared 
to  be  correct. 

Article  X,  on  Homestead  and  Exemptions,  was  read  and  de- 
clared correct. 

Article  XI,  on  Married  Women's  Property,  was  read  and 
declared  correct. 


579 


Article  XII.  on  Education,  was  read  and  corrected  as  fal- 
lows : 

Strike  out  figures    3  "  and  ••  5  "  in  line  2,  section  S. 
Strike  out  figure  "  3  "  in  line  7.  section  10. 

Article  XIII.  on  Public  Institutions,  vras  read  and  declared 
correct. 

Article  XIV.  on  Militia,  was  read  and  declared  to  be  cor- 
rect. 

Article  XV.  on  Public  Health,  was  read  and  declared  to  be 
correct. 

3Ir.  Bennett  was  excused  from  further  attendance. 

Mr.  Sheats  was  excused  from  further  attendance. 

Messrs.  Miller.  Petty,  Goss  and  Richard  were  excused  from 
further  attendance. 

Mr.  Carter,  of  Levy,  on  behalf  of  the  Convention  presented 
President  Pasco  with  a  handsome  gold  watch.  Mr.  Carter 
said  : 

Mr.  President  :  Custom  as  well  as  propriety  has  made  it 
usual  at  the  close  of  the  labors  of  a  deliberative  body  for  the 
members  to  present  to  their  presiding  officers  some  testimonial 
of  their  appreciation  of  his  labors  and  regard  for  his  character. 
Usually  this  takes  the  form  of  a  simple  resolution,  but  in  this 
instance  many  of  us  desired  tliat  you  might  have  some  small 
memento,  that  in  the  tuture.  when  you  had  occasion  to  consult 
it.  would  serve  to  remind  you  of  the  friendships  that  have 
been  cemented  by  the  associations  of  the  past  two  months. 

Friendship  is  a  precious  boon  of  heaven  :  it  plants  roses  and 
flowers  all  along  thejourney  of  life  :  but  for  its  sustaining  power 
liff  would  be  a  bloomless.  cheerless  'iesert  in  which  man  would 
prey  upon  his  fellowman.  and  make  the  world  a  perpetual 
chaos  of  hateful  and  contending  passions.  Friendships,  how- 
ever limited,  are  found  in  every  community  and  circle  of  life. 
Xo  one  ever  felt  a  devoted  attachment  to  another  without  ex- 
periencing a  softening  and  reflninginfiuence  uponhis  entire na- 
t:;re.  It  touches  the  chords  of  sympathy  and  attunes  them  to 
that  moral  and  intellectual  dependence  which  binds  man  to  man 
and  the  creature  to  the  Creator,  It  is  the  exact  opposite  ofthat 
social  antagonism  which  leads  first  to  muturJ  in  liiferen-e  and 
afterwards  lo  hate  and  misanthropy.  It  expels  the  moral 
poison  of  the  soul  and  gives  it  health  and  colors  it  with  the 
rainbow  tints  of  hope  and  love.  It  harmonizes  the  soul  and 
and  thus  prepares  one  to  embrace  the  heaven  inspired  doc- 
trine of  Peace  on  earth,  good  will  to  man.""  It  is  believed 
that  many  such  friendships  have  been  formed  among  the  mem- 


580 


bers  and  yourself  since  our  first  meeting  here  in  the  capacit}^ 
of  a  Convention. 

The  uniform  courtesy  of  your  manners  towards  the  mem- 
bers of  both  political  parties  represented  in  this  body,  together 
with  the  impartiality  and  justice  of  your  rulings,  has  given 
your  friends  ample  evidence,  (if  any  had  been  needed,)  that,  if 
in  the  near  future  the  State  should  require  your  services  in  a 
still  higher  sphere,  you  possess  the  necessary  executive  qual- 
ifications in  a  marked  degree  to  discharge  the  duties  of  that 
exalted  position  with  credit  to  yourself  and  honor  to  the  com- 
monwealth. 

But  should  the  residue  of  your  life  be  spent 
in  peace  ful  retirement  away  from  the  turmoil  of  party  politics, 
free  from  the  animosities  engendered  by  political  strife.  In 
the  blest  companionship  of  the  family  circle  and  in  commu- 
nion with  the  great  minds  of  the  shadowy  past  through  the 
medium  of  your  library,  you  will  have  the  consolation  of  know- 
ing that  you  have  discharged  the  high  and  responsible  duties 
to  which  you  were  unanimously  called  with  the  strictest  im- 
partiality to  the  members  of  this  body  and  the  highest  fidelity 
to  the  interests  of  the  whole  State,  and  that  you  carry  with 
you  the  warmest  wishes  of  the  members  of  this  Convention 
for  your  future  happiness  and  prosperity. 

As  a  representative  of  that  portion  of  our  State  lying  east 
and  south  of  the  Suwannee  river,  I  now  have  the  pleasure  ©f 
presenting  you  with  this  watch  and  chain  as  a  slight  testi- 
monial of  our  love  and  esteem.  Its  monetary  value  is  not  very 
great—  but  we  believe  that  the  spirit  that  inspired  it  will  make 
it  of  incalculable  value  in  your  estimation. 

I  now  send  the  offering  up  to  your  desk  and  ask  that  you 
suspend  your  reply  until  a  representative  Irom  the  western 
portion  of  the  State,  and  any  other  gentlemen  that  may 
desire,  can  be  heard. 

Mr.  Carter  was  followed  by  Mr.  Yonge,  of  Escambia,  and 
Conover,  of  Leon,  in  appropriate  speeches. 
The  President,  in  response,  said  : 

Gentlemen  of  the  Convention  : 

I  thank  you  most  sincerely  for  this  beautiful  testimonial,  and 
shall  always  prize  it  most  highly.  And  still  more  highly  shall 
I  prize  the  expressions  of  confidence  and  good  will  and  esteem 
which  accompanied  it,  so  eloquently  spoken  by  the  gentleman 
at  whose  hands  I  have  just  received  this  token  and  those  who 
followed  him. 

This  occasion  affords  me  an  opportunity  of  telling  you  how 
deeply  I  feel  your  kindness  towards  me.    You  placed  me  in 


581 


the  high  and  honorable  position  I  hold  as  an  untried  rnan,  Tvith 
no  previous  experience  in  a  like  position  to  give  me  confidence. 
But  the  liberal  treatment  I  have  always  received  at  your  hands 
has  supported  and  strengthened  me  and  made  m}'  task  lighter 
and  easier  than  I  had  dared  to  hope.  This  precious  token 
which  you  have  just  bestowed  upon  me  will  be  ever  reminding 
me.  as  the  hours  and  days  and  years  pass,  that  I  retained  j'our 
good  will  and  confidence  under  the  weighty  responsibilities  of 
my  official  position.  It  will  constantly  remind  me  of  the  pleas- 
ant hours  we  have  spent  here  together.  And  I  have  sat  so 
many  days  looking  into  your  countenances  under  varying  cir- 
cumstances, sometimes  in  the  calm  routine  of  ordinary  work, 
sometimes  in  the  excitement  of  earnest  thought  and  sharp  de- 
bate, until  each  feature  and  lineament  has  been  daguerreo- 
typed  upon  my  memory.  And  often  hereafter  in 
the  quiet  of  home  I  shall  find  m^'self  looking 
around  with  the  mind's  eye  from  G-adsden  on  the  left  to  Bre- 
vard on  the  right,  and  each  face  and  form  in  the  broad  and 
deep  semi-circle  will  reappear.  I  shall  again,  in  imagination, 
find  myself  with  you.  The  scene  is  too  firmly  imprinted  to 
be  ever  efi'aced.  And  I  shall  bear  with  me  through  life  the 
kindly  feelings  that  have  been  here  created  and  the  friendships 
that  have  been  formed  and  strengthened. 
Again,  gentlemen,  I  thank  you. 

Mr.  Walter,  in  an  appropriate  speech,  presented  Hon.  J,  T. 
Lesley,  of  Hillsborough,  with  a  handsome  cane  on  behalf  of  the 
minority. 

Mr.  Lesley  accepted  with  an  appropriate  speech,  returning 
thanks. 

M.r.  Yonge,  on  behalf  of  the  Convention,  presented  W.  H. 
Reynolds,  Secretary  of  the  Convention,  with  a  beautiful  gold- 
headed  cane. 

Mr.  Reynolds  accepted  and  responded  in  an  appropriate  ad- 
dress.returning  thanks  for  the  present. 

Upon  motion,  the  Convention  adjourned  until  8  o'clock  A. 
M.  Monday. 


FORTY-SIXTH  DAY. 


MOXDAY,  August  3,  1885. 

The  Convention  met  pursuant  to  adjournment. 
President  Pasco  in  the  Chair. 


582 


It  being  ascertained  that  a  quorum    was     present,  the 
calling  of  the  roll  was  dispensed  with. 
Prayer  by  the  Chaplain. 

On  motion  of  Mr.  Blackburn  the  reading  of  the  Journal  was 
dispensed  with. 

Messrs.  Walker,  Jr.,  Parker  and  Hocker  were  excused. 
Mr.  TurnbuU  offered  the  following  resolution : 

Resolved^  That  Messrs.  Dorr  &  Bowen  be  requested  to  turn 
over  the  Journals  of  this  Convention  when  completed  to  the 
Secretary  of  State,  and  he  to  send  each  member  of  this  Con* 
vention  a  copy  of  same  ;  withdrawn. 

Mr.  Baker  moved  to  take  up  the  following  Oidinance  for 
consideration  : 

AN  ORDINANCE 

TO  PROVIDE  FOR  THE  DISTRIBUTION  OF  THE  JOURNALS  OF  THIS- 
CONVENTION  AND  THE  REVISED  CONSTITUTION. 

The  People  of  the  State  of  Florida^  in  Gonuention  Assemhled^. 
do  ordain  as  follows  : 

The  printer  of  this  Convention  shall,  without  dela}^,  print 

and  have  si  itched  in  pampliiet  form  —  thousand  copies  of 

the  Journals  of  this  Convention  and   thousand  copies  of 

the  Revised  Constitution,  and  immediately  deliver  the  same, 
together  with  a  statement  of  the  estimated  cost  thereof,  to  the 
Secretary  of  State,  wlio  shall,  as  soon  as  possible  after  their 
publication,  distribute  copies  as  follows:  To  each  of  the  offi- 
cers to  whom  he  is  at  present  required  to  distribute  copies  of 
the  acts  of  the  Legislature,  two  copies  ;  to  each  member  of  this 
Convention,  two  copies  ;  to  each  Clerk  of  the  Circuit  Court  for 
general  distribution,  twelve  copies.  The  Secretary  of  State 
shall  distribute  copies  of  the  Journals  and  Constitution  in  the 
same  manner  that  he  is  required  to  distribute  acts  of  the  Leg- 
islature. 

The  next  Legislature,  after  the  passage  hereof,  shall  provide 
compensation  for  the  printing  and  distribution  of  the  docu- 
ments herein  required  to  be  printed  and  distributed  ; 

Which  was  read. 

Mr.  Baker  offered  the  following  substitute  : 

Resolved^  That  the  Printer  of  this  Convention  be  ordered  to 
print  one  thousand  copies  of  the  Revised  Constitution  in 
pamphiet  form,  together  with  the  Journals  already  ordered 
printed,  to  be  sent  to  the  Secretary  of  State  for  distribution. 


583 


Two  copies  of  the  Journals  and  Constitution  to  be  sent  to  mem- 
bers of  the  Convention,  and  other  officers  of  the  State  to  whom 
he  is  required  to  send  Journals  of  the  Legislature. 

The  question  was  upon  the  adoption  of  the  substitute. 

Mr.  McClellan  moved  to  lay  the  substitute  on  the  table  ; 

Which  was  agreed  to. 

Mr.  Orman  offered  the  following  resolution  : 

Resolved^  That  the  thanks  of  this  Convention  are  hereby 
tendered  to  W.  H.  Reynolds,  Secretar}^;  t).  M.  McAlpin, 
Assistant  Secretary  ;  G.  A.  K.  Stevens,  Reading  Clerk  ;  J.  C. 
Clark,  Recording  Clerk;  J.  J.  Thoii  pson,  Sergeant-at-Arms, 
and  W.  H.  Hinse}',  Doorkeeper,  for  their  efficiency  and 
promptness  in  performing  the  duties  and  labors  assigned  to 
them  during  our  session  ; 

Which  was  unanimously  adopted. 

Mr.  McClellan  moved  to  reconsider  the  vote  by  which  the  sub- 
stitute offered  by  Mr.  Baker,  relative  to  the  distribution  of  the 
Journals  of  this  Convention,  was  laid  on  the  table ; 

Which  was  agreed  to,  and  the  vote  was  reconsidered. 

Mr.  McClellan  moved  the  adoption  of  the  resolution  ; 

Which  was  agreed  to. 

The  Convention  resumed  the  consideration  of  the  report  of 
the  Committee  on  Style  and  Arrangement. 

Article  YI,  on  Suffrage  and  Eligibility,  was  read  and  de- 
clared to  be  correct. 

The  consideration  of  Article  XVI  on  Miscellaneous  Provi- 
sions was  resumed  and  corrected  by  transferring  section  26  to 
Article  I  A',  and  section  27  was  numbered  26  and  the  re- 
maining sections  numbered  to  correspond. 

Article  XYII  on  Amendments  was  read  and  declared  cor- 
rect. 

Article  XTIII  on  Schedule  was  read  and  declared  to  be 
correct. 

Article  XIX  was  read  and  corrected  by  inserting  the  words 
"  local  option  "  as  the  title. 

Ordinance  Xo.  \  was  read  and  declared  to  be  correct. 

Ordinance  Xo.  2  was  read  and  corrected  as  follows  : 

In  line  3  strike  out  the  word  Ordinance  "  and  insert  the 
word  ''Article    in  lieu  thereof. 

Ordinance  Xo.  3  was  read  and  corrected  as  follows: 

In  line  3,  section  strike  out  the  word  "  themselves  "  and 
insert  in  lieu  thereof  the  word  "  himself,''  and  in  same  line 
strike  out  the  word     their  "  and  insert    his  instead. 

Mr.  Lewis  called  up  the  following  resolution  offered  by  Mr. 
Con  over  : 

Besolved,  That  the  Constitutional  Convention  of  the  people 


584 


of  Florida,  having  completed  the  work  for  which  it  was  as- 
sembled, do  adjourn  on  Monday,  August  the  3d  inst.,  subject 
to  the  call  of  the  President,  or  any  thirty  (30)  members  in 
the  absence  of  the  President  from  the  State  ;  Pi^ovided^  That 
if  no  call  be  made  before  the  first  day  of  April,  1886,  the 
Convention  shall  stand  adjourned  sine  die  ; 
Which  was  read. 

Mr.  Yonge  moved  to  amend  as  follows : 

Strike  out  the  words  "  thirty  (30),"  and  insert  the  words 
"  fifty-five  (55)  "  in  lieu  thereof; 
Which  was  accepted. 

The  question  was  upon  the  adoption  of  the  resolution  as 
amended. 

Mr.  Malone  moved  a  call  of  the  House. 
The  roll  was  called,  and  the  following  members  answered  to 
their  names  : 

Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of  Hamilton, 
Blackburn,  Broome,  Bush,  Carson,  Chandler,  Clarke  of  Jeffer- 
son, Clark  of  Jackson,  Conover,  Davidson,  Davis,  Duncan, 
Earle,  Edge,  Fowler,  Gribbs,  Gillis,  Goodbread,  Goss,  Green, 
Henderson,  Herndon,  Hicks,  Humphries,  Hunter,  Ives,  Jones, 
Landrum,  Lewis,  Love,  Lutterloh,  Malone,  Mann,  Maxwell, 
Milton,  Morgan,  McCaskill,  McClellan,  Neel,  Odom,  Orman, 
Parker,  Paterson,  Pelot,  Petty,  Randell  of  Madison,  Rogers, 
Sanchez,  Sheats,  Swearingen,  Taylor,  Tedder,  Turnbull, 
Wadsworth,  Weeks,  Wellman,  Wilson  of  Polk  and  Manatee, 
Wylly,  Yonge  and  Zipperer — 62. 

A  quorum  present. 

The  question  was  again  upon  the  adoption  of  the  resolution 
offered  by  Mr.  Conover  and  amended  by  Mr.  Yonge. 
The  yeas  and  nays  were  called  for. 
The  vote  was  : 

Yeas — Messrs.  Baker,  Bell  of  Brevard  and  Dade,  Bell  of 
Hamilton,  Blackburn,  Broome,  Chandler,  Conover,  Davidson, 
Duncan,  Fowler,  Gibbs,  Hunter,  Lewis,  Lutterloh,  Paterson, 
Randell  of  Madison,  Rogers.  Tedder,  Wellman  and  Wylly 
—20. 

Nays — Messrs.  Bush,  Carson,  Clarke  of  Jefferson,  Clark  of 
Jackson,  Davis,  Earle,  Edge,  Genovar,  Gillis,  Goss,  Hendley, 
Henderson,  Herndon,  Hicks,  Humphries,  Ives,  Jones,  Landrum, 
Love,  Malone,  Mann,  Maxwell,  Milton,  Morgan,  McCaskill, 
McClellan,  Odom,  Orman,  Parsons,  Pelot,  Sheats,  Swearingen, 
Taylor,  Turnbull,  Weeks,  Westcott,  Wilson  of  Polk  and  Mana- 
ee,  Yonge  and  Zipperer — 39. 

So  the  resolution  was  not  adopted. 


585 


Mr.  Mann  moved  to  expunge  from  the  Journal  so  much  of 
the  proceedings  as  relates  to  a  vote  of  censure  against  Mr. 
Baker,  on  the  26th  and  2Tthdays  of  the  session  ; 

Which  was  agreed  to,  and  it  was  so  ordered. 

The  Journal  of  yesterday-  was  corrected  so  as  to  show  that 
Mr.  Mann  moved  as  follows : 

"  That  section  8  of  the  Minority  Report  be  first  considered," 
instead  of  "  moved  that  the  Legislature  may  have  the  power 
to  make  the  pa3^ment  of  a  poll-tax  a  prerequisite  to  voting,  and 
all  such  taxes  received  shall  go  into  the  school  fund,"  as  is 
shown  by  the  Journal. 

Also,  as  to  show  that  Article  TI  on  Suffrage  and  Eligibility 
passed  its  second  reading  in  order. 

The  Journal  was  then  approved  as  corrected. 

Upon  motion,  the  Convention  took  a  recess  until  11  o'clock. 


ELEVEX  O'CLOCK. 

The  Convention  resumed  its  session. 

Mr.  Rogers  offered  the  following  motion  : 

That  the  Secretary  of  this  Convention  furnish  a  correct  list 
of  the  names  and  post-office  address  of  each  member  of  this 
Convention  to  the  Secretar3"  of  State,  that  he  may  be  able  to 
correctly  distribute  the  Journals  of  this  Convention  ; 

Which  was  agreed  to. 

Mr.  Duncan,  of  the  Committee  on  Engrossment  and  En- 
rollment, made  the  following  final  report  : 

Convention  Hall,  Tallahassee,  Fla.,  August  3,  1885. 
Hon.  Samuel  Pasco, 

President  of  the  Convention  : 

Sir  :  Your  Committee  on  Engrossment  and  Enrollment,  to 
whom  was  referred  the  various  Articles  and  Ordinances  passed 
in  Convention,  to-wit : 

PREAMBLE. 
declaration  of  rights. 
ARTICLE  I. 
boundaries. 

ARTICLE  IL 
distribution  of  powers. 


586 


ARTICLE  III. 

LEGISLATIVE  DEPARTMENT. 

ARTICLE  IV. 

EXECUTIVE  DEPARTMENT. 

ARTICLE  Y. 

JUDICIAL  DEPARTMENT. 

ARTICLE  YL 

SUFFRAGE  AND  ELIGIBILITY. 

ARTICLE  YIL 

CENSUS  AND  APPORTIONMENT. 

ARTICLE  YIIL 

COUNTIES  AND  CITIES. 

ARTICLE  IX. 

TAXATION  AND  FINANCE. 

ARTICLE  X 

HOMESTEAD  AND  EXEMPTIONS. 

ARTICLE  XI. 

MARRIED  women's  PROPERTY. 

ARTICLE  XII. 

EDUCATION. 

ARTICLE  XIIL 

PUBLIC  INSTITUTIONS. 

ARTICLE  XIY. 

MILITIA. 

ARTICLE  XY. 

PUBLIC  HEALTH. 

ARTICLE  XYL 

MISCELLANEOUS  PROVISIONS. 

ARTICLE  XYIL 

AMENDMENTS. 

ARTICLE  XYIIL 

SCHEDULE. 


587 


ARTICLE  XIX. 

LOCAL  OPTION. 

ORDIXAXCES. 

NO.  1. 
NO.  2. 
NO.  3. 

Have  examined  the  same  and  find  each  and  every  one  cor- 
rectly enrolled  from  the  engrossed  Articles  and  Ordinances  as 
corrected  by  the  approved  report  of  the  Committee  on  Style 
and  Arrangement. 

Very  respectfully, 

H.  H.  Duncan, 
Acting  Chairman  of  Committee. 
Theodore  Randell, 

of  Committee. 

Which  was  received  and  unanimously  adopted. 

Mr.  Rogers  offered  the  following  resolution  : 

Besolved,  That  the  thanks  of  this  Convention  are  eminenth^ 
due  and  are  hereby  tendered  to  Hon.  Samuel  Pasco,  President 
of  this  Convention,  to  Hons.  J.  E.  Yonge  and  John  T.  Lesley, 
Vice-Presidents,  for  the  very  able,  efficient  and  impartial  ser- 
vices rendered  during  the  session  of  this  Constitutional  Con- 
vention : 

Which  was  read  and  unanimously  adopted. 

The  President  declared  that  he  and  Vice-President  Yonge 
had  just  signed  the  Constitution,  and  left  a  blank  space  for  the 
signature  of  Vice-President  Lesley. 

Secretary  Reynolds  also  signed  the  Constitution  in  open 
Convention. 

At  12  o'clock  M.,  Mr.  Mann  moved  that  the  Convention  do 
now  adjourn  sine  ''He. 

President  Pasco  arose  and  made  the  following  announce- 
ment : 

The  hour  of  our  final  adjournment  draws  near.  We  shall 
soon  leave  this  hall,  and  our  paths  in  life  will  again  diverge. 
The  great  work  which  called  us  here  is  completed  ;  whether 
its  lines  and  sections  have  been  wrought  with  wisdom  and 
skill  or  the  reverse,  the  Constitution  of  1885  is  finished.  It 
goes  out  from  this  Capitol  to  the  people  who  sent  us  here,  and 
in  due  time  they  will  pass  their  judgment  upon  it.  If  it  re- 
ceives the  stamp  of  their  approval  it  will  become  the  organic 
law  of  this  State ;  without  that  approval  it  will  be  a  monu- 
ment of  lost  time  and  wasted  effort. 

I  well  know  how  earnestly  and  faithfully  you  have  labored 


588 


in  the  discharge  of  your  duties  here,  how  industriously  and 
conscientiously  you  have  endeavored  to  frame  an  instrument 
adapted  as  nearl}^  as  possible  to  the  diversified  wants  of  the 
different  sections  of  our  State,  and  I  feel  that  we  can  go  be- 
fore our  constituents  with  the  results  of  our  labors  fearlessly 
and  with  the  full  confidence  that  our  completed  work  will 
stand  the  scrutiny  of  public  opinion. 

I  believe  that  the  people  of  Florida  will  accept  this  Con- 
stitution, and  I  trust  that  under  it  our  beloved  State  will  con- 
tinue to  flourish  and  prosper  and  grow  great,  and  that  she  will 
open  her  gates  wide  to  admit  within  her  borders  an  intelli- 
gent and  industrious  class  of  citizens  to  make  happy  homes 
among  us. 

But  I  must  not  longer  delay  the  formal  announcement  that 
terminates  our  official  existence,  except  to  wish  you  all  a  safe 
journey  back  to  your  homes,  and  may  the  dear  ones  be  there 
in  health  and  strength  to  greet  you  on  your  return. 

The  Convention  was  then  adjourned  sine  die. 


■  CONSTITUTION 

.IDOPTED  BY  THE 

CONVENTION  OF  1885. 


PREAMBLE. 

We,  the  people  oi  the  State  of  Florida,  grateful  to  Almighty 
God  for  our  coastitutional  liberty,  in  order  to  secure  its  bless- 
ings and  to  form  a  more  perfect  government,  insuring  domes- 
tic tranquility,  maintaining  public  order,  and  guaranteeing 
equal  civil  and  political  rights  to  all,  do  ordain  and  establisa 
this  Constitution. 


DECLARATION  OF  RIGHTS. 

Sectiox  1.  All  men  are  equal  before  the  law,  and  have  cer- 
tain inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing  and  protecting 
property,  and  pursuing  happiness  and  obtaining  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security  and  benefit  of 
the  citizens,  and  they  have  the  right  to  alter  or  amend  the  same 
whenever  the  public  good  may  require  it ;  but  the  paramount 
allegiance  of  every  citizen  is  due  to  the  Federal  Government, 
and  the  people  of  this  State  have  no  power  to  dissolve  its  con- 
nection therewith. 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate  forever. 

Sec.  4.  All  courts  in  this  State  shall  be  open,  so  that  every 
person  for  any  injury  done  him  in  his  lands,  goods,  person  or 
reputation  shall  have  remedy,  by  due  course  of  law,  and  right 
and  justice  shall  be  administered  without  sale,  denial  or  delay. 

Sec.  5.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship  shall  forever  be  allowed  in  this  State,  and 
no  person  shall  be  rendered  incompetent  as  a  witness  on  account 


590 


of  his  religious  opinions  ;  bat  the  liberty  of  conscience  hereby- 
secured  shall  not  be  so  construed  as  to  justify  licentiousness  or 
practices  subversive  of,  or  inconsistent  with,  the  peace  or  moral 
safety  of  the  State  or  society. 

Sec.  6.  No  preference  shall  be  given  by  law  to  any  church, 
sect  or  mode  of  worship,  and  no  money  shall  ever  betaken  from 
the  public  treasury  directly  or  indirectly  in  aid  of  any  church, 
sect  or  religious  denomination,  or  in  aid  of  any  sectarian  in- 
stitution. 

Sec.  1.  The  writ  of  habeas  corpus  shall  be  grantable  speedily 
and  of  right,  freely  and  without  cost,  and  shall  never  be  sus- 
pended unless,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. 

Sec.  8.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  be  imposed,  nor  cruel  or  unusual  punishment  or  indefinite 
imprisonment  be  allowed,  nor  shall  witnesses  be  unreasonably 
detained. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offences,  where  the  proof  is  evident  or  the  pre- 
sumption great. 

Sec.  10.  No  person  shall  be  tried  for  a  capital  crime  or  other 
felony,  unless  on  pre?entment  or  indictment  by  a  grand  jury, 
except  as  is  otherwise  provided  in  this  Constitution,  and  ex- 
cept in  cases  of  impeachment,  and  in  cases  in  the  militia  when 
in  active  service  in  time  of  war,  or  which  the  State,  with  the 
consent  of  Congress,  may  keep,  in  time  of  peace. 

Sec.  11.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury, 
in  the  county  where  the  crime  was  committed,  and  shall  be 
heard  by  himself,  or  counsel,  or  both,  to  demand  the  nature 
and  cause  of  the  accusation  against  him,  to  meet  the  witnesses 
against  him  face  to  face,  and  have  compulsory  process  for  the 
attendance  of  witnesses  in  his  favor,  and  shall  be  furnished 
with  a  copy  of  the  indictment  against  him. 

Sec.  12.  No  person  shall  be  subject  to  be  twice  put  in  jeop- 
ardy for  the  same  offence,  nor  compelled  in  any  criminal  case  to 
be  a  witness  against  himself,  nor  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law;  nor  shall  private  prop- 
erty be  taken  without  just  compensation. 

Sec.  13.  Every  person  may  fully  speak  and  write  his  senti 
ments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
right,  and  no  laws  shall  be  passed  to  restrain  or  abridge  the  lib- 
erty of  speech  or  of  the  press.  In  all  criminal  prosecutions  and 
civil  actions  for  libel  the  truth  may  be  given  in  evidence  to  the 
jury,  and  if  it  shall  appear  that  the  matter  charged  as  libellous 


591 


18  true,  and  was  published  for  good  motives,  the  party  shall  be 
acquitted  or  exonerated. 

Sec.  14.  No  person  shall  be  compelled  to  pay  costs  except 
after  conviction,  on  a  linal  trial. 

Sec.  15.  The  people  shall  have  the  right  to  assemble  together 
to  consult  for  the  common  good,  to  instruct  their  representa- 
tives, and  to  petition  the  Legislature  for  redress  of  grievances. 

Sec.  16.  No  person  shall  be  imprisoned  for  debt  except  in 
cases  of  fraud. 

Sec.  17.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law 
impairing  the  obligation  of  contracts,  shall  ever  be  passed. 

Sec.  18.  Foreigners  shall  have  the  same  rights  as  to  the  own- 
ership, inheritance  and  disposition  of  property  in  this  State  as 
citizens  of  the  State. 

Sec.  19.  Neither  slavery  nor  involuntary  servitude,  except  as 
a  punishment  for  crime,  whereof  the  party  has  been  duly  con- 
victed, shall  ever  be  allowed  in  this  State. 

Sec.  20.  The  right  of  the  people  to  bear  arms  in  defence  of 
themselves  and  the  lawful  authority  of  the  State,  shall  not  be 
infringed,  but  the  Legislature  may  prescribe  the  manner  in  which 
they  may  be  borne. 

Sec.  21.  The  military  shall  in  all  cases  and  it  all  times  be  in 
strict  subordination  to  the  civil  power. 

Sec.  22.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  eflects  against  unreasonable  seizures  and 
searches,  shall  not  be  violated,  and  no  warrants  issued  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  particu- 
larly describing  the  place  or  places  to  be  searched,  and  the 
person  or  persons,  and  thing  or  things  to  be  seized. 

Sec.  23.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  adhering  to  its  enemies,  or  giving  them  aid 
and  comfort  ;  and  no  person  shall  be  convicted  of  treason 
except  on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court,  and  no  conviction  for  treason 
shall  work  corruption  of  blood  or  forfeiture  of  estate. 

Sec.  24.  This  enunciation  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 


ARTICLE  L 
boundaries. 

The  boundaries  of  the  State  of  Florida  shall  be  as  follows  : 
Commencing  at  the  mouth  of  the  river  Peidido  ;  from  thence 
up  the  middle  of  said  river  to  where  it  intersects  the  south 
boundary  line  of  the  State  of  Alabama,  and  the  thirty-first  de- 


592 


gree  of  north  latitude  ;  thence  due  east  to  the  Chattahoochee 
river;  thence  down  the  middle  of  said  river  to  its  confluence 
with  the  Flint  river;  thence  straight  to  the  head  of  the  St. 
Marys  river;  thence  down  the  middle  of  said  river  to  the  At- 
lantic ocean  ;  thence  southeastward ly  along  the  coast  to  the 
edge  of  the  Gulf  Streiim  ;  thence  south  west  wardly  along  tlie 
edge  of  the  Gulf  Stream  and  Florida  Reefs  to  and  including 
the  Tortugas  Islands;  thence  northeastwardly  to  a  point  three 
leagues  from  the  mainland ;  thence  northwestwardly  three 
leagues  from  the  land,  to  a  point  west  of  the  mouth  of  the 
Perdido  river;  thence  to  the  place  ot  beginning. 


ARTICLE  II. 

DISTRIBUTION    OF  POWDERS. 

The  powers  of  the  government  of  the  State  of  Florida  shall 
be  divided  into  three  departments — Leirislative,  Executive  and 
Judicial;  and  no  person  properly  belonging  to  one  of  the  depart- 
ments shall  exercise  any  powers  appertairung  to  either  of  the 
others,  except  in  cases  expressly  provided  for  by  this  Constitu 
tion. 

ARTICLE  IIL 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  Legislative  authority  of  this  State  shall  be 
vested  in  a  Senate  and  a  House  of  Representatives,  which  shall 
be  designated,  "  The  Legislature  of  the  State  of  Florida,  " 
and  the  sessions  thereof  shall  be  held  at  the  seat  of  govern- 
ment of  the  State. 

Sec.  2.  The  regular  sessions  of  the  Legislature  shall  be  held 
biennially,  commencing  on  the  first  Tuesday  after  the  first 
Monday  in  April,  A.  D.  1887,  and  on  the  corresponding  day 
of  every  second  year  thereafter,  but  the  Governor  may  convene 
the  same  in  extra  session  by  his  proclamation.  Regular  ses- 
sions of  the  Legislature  may  extend  to  sixty  days,  but  no 
special  session  convened  by  the  Governor  shall  exceed  twenty 
days. 

Sec.  3.  The  members  of  the  House  of  Representatives  shall 
be  chosen  biennially,  those  of  the  first  Legislature  on  the  first 
Tuesday  after  the  first  Monday  in  November,  A.  D.  1886,  and 
thereafter  on  the  corresponding  day  of  every  second  year. 

Sec.  4.  Senators  and  members  ot  the  House  of  Representa- 
tives shall  be  duly  qualified  electors  in  the  r3spective  counties 
and  districts  for  which  they  were  chosen.    The  pay  of  mem- 


593 


bers  of  the  Senate  and  House  of  Representatives  shall  not  ex- 
ceed six  dollars  a  day  for  each  day  of  session,  and  mileage  to 
and  from  their  homes  to  the  seat  of  government,  not  to  ex- 
ceed ten  cents  a  mile  each  way,  by  the  nearest  and  most  prac- 
ticable route. 

Sec.  5.  ISTo  Senator  or  member  of  the  House  of  Representa- 
tives shall,  during  the  time  for  which  he  was  elected,  be  ap- 
pointed or  elected  to  any  civil  office  under  the  Constitution 
of  this  State,  that  has  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time. 

Sec.  6.  Each  House  shall  judge  of  the  qualifications,  elec- 
tions and  returns  of  its  own  members,  choose  its  own  officers, 
and  determine  the  rules  of  its  proceedings.  The  Senate  shall, 
at  the  convening  of  each  regular  session  thereof,  choose  from 
among  its  own  members  a  permanent  President  of  the  Senate, 
who  shall  be  itspiesiding  officer.  The  House  of  Representa- 
tives shall,  at  the  convening  of  each  regular  session  thereof., 
choose  from  among  its  own  members  a  permanent  Speaker  of 
the  House  of  Representatives,  who  shall  be  its  presiding  offi- 
cer. Each  House  may  punish  its  own  members  for  disorderly^ 
conduct;  and  each  House,  with  the  concurrence  of  two-thirds, 
of  all  of  its  members  present,  may  expel  a  member. 

Sec.  7.  No  person  holding  a  lucrative  office  or  appointment 
under  the  United  States  or  this  State,  shall  be  eligible  to  a 
seat  in  the  Legislature  of  this  State. 

Sec.  8.  The  seat  of  a  member  of  either  House  shall  be  va- 
cated on  his  permanent  change  of  residence  from  the  district 
or  county  from  which  he  was  elected. 

Sec.  9.  Either  House  during  the  session  may  punish  by  line 
or  imprisonment  any  person  not  a  member  vrho  shall  have  been 
guilty  of  disorderly  or  contemptuous  conduct  in  its  presence,  or 
of  a  refusal  to  obey  its  lawful  summons,  but  such  imprisonment 
shall  not  extend  beyond  the  final  adjournment  of  the  session. 

Sec.  10.  Either  House  shall  have  power  to  compel  the  attend- 
ance of  witnesses  upon  any  investigations  held  by  itself,  or  by 
any  of  its  committees ;  the  manner  of  the  exercise  of  such 
power  shall  bo  provided  by  law. 

Sec.  11.  A  majority  of  each  House  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  adjourn  Irom  day 
to  day,  and  compel  the  presence  of  absent  members  in  such 
manner  and  under  such  penalties  as  it  may  prescribe. 
•  Sec.  12.  Each  House  shall  keep  a  Journal  of  its  own  pro- 
ceedings, which  shall  be  published,  and  the  yeas  and  nays  of 
the  members  of  either  House  on  any  question  shall,  at  the 
desire  of  any  five  members  present,  be  entered  on  the  Journal. 

Sec.  13.  The  doors  of  each  House  shall  be  kept  open  dur- 
38 


594 


ing  its  session,  except  the  Senate  while  sit  ting  in  Executive 
session ;  and  neither  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  or  to  any  other  town  than  that 
in  which  they  may  be  holding  their  session. 

Sec.  14.  Any  bill  may  originate  in  either  House  of  the 
Legislature,  and  after  being  passed  in  one  House  may  be 
amended  in  the  other. 

Sec.  15.  The  enacting  clause  of  every  law  shall  be  as  fol- 
lows: "Be  it  enacted  by  the  Legislature  of  the  State  of 
Florida." 

Sec.  16.  Each  law  enacted  in  the  Legislature  shall  embrace 
but  one  subject  and  matter  properly  connected  therewith,  which 
subject  shall  be  briefly  expressed  in  the  title;  and  no  law  shall 
be  amended  or  revised  by  reference  to  its  title  only;  but  in 
such  case  the  act,  as  revised,  or  section,  as  amended,  shall  be 
re-enacted  and  published  at  length. 

Sec.  17.  Every  bill  shall  be  read  by  sections  on  three  several 
days  in  each  House,  unless,  in  case  of  emergency,  two-thirds 
of  the  House  where  such  bill  may  be  pending  shall  deem  it 
expedient  to  dispense  with  this  rule ;  but  the  reading  of  a  bill 
by  sections  on  its  final  passage  shall  in  no  case  be  dispensed 
with,  and  the  vote  on  the  final  passage  of  every  bill  or  joint 
resolution  shall  be  taken  by  yeas  and  nays,  to  be  entered  on  the 
Journal  of  each  House  ;  Provided^  That  any  general  revision 
of  the  entire  laws  embodied  in  any  bill  shall  not  be  required 
to  be  read  by  sections  upon  its  final  passage,  and  its  reading 
may  be  wholly  dispensed  with  by  a  two-thirds  vote  ;  and  a 
majority  of  the  members  present  in  each  House  shall  be  neces- 
sary to  pass  every  bill  or  joint  resolution  ;  and  all  bills  or  joint 
resolutions  so  passed  shall  be  signed  by  the  presiding  officers  of 
the  respective  Houses,  and  by  the  Secretary  of  the  Senate 
and  the  Clerk  of  the  House  of  Representatives. 

Sec.  18.  No  law  shall  take  effect  until  sixty  days  from  the 
final  adjournment  of  the  session  of  the  Legislature  al:  which  it 
may  have  been  enacted,  unless  otherwise  specially  provided 
in  such  law. 

Sec.  19.  Accurate  statements  of  the  receipts  and  expendi- 
tures of  the  public  money  shall  be  attached  to  and  published 
with  the  laws  passed  at  every  regular  session  of  the  Legis- 
lature. 

Sec.  20.  The  Legislature  shall  not  pass  special  or  local  laws 
in  any  of  the  lollowing  enumerated  cases  :  that  is  to  say,  regu- 
lating the  jurisdiction  and  duties  of  any  class  of  officers,  ex- 
cept municipal  officers,  or  for  the  punishment  of  crime  or  misde- 
meanor ;  regulating  the  practice  of  courts  of  justice,  except 
municipal  courts ;   providing  for  changing  venue  of  civil  and 


595 


criminal  cases ;  granting  divorces ;  changing  the  names  of 
persons  ;  vacating  roads  ;  summoning  and  empanneling  grand 
and  petit  juries,  and  providing  for  their  compensation  ;  for 
assessment  and  collection  of  taxes  for  State  and  county  pur- 
poses ;  for  opening  and  conducting  elections  for  State  and 
county  officers,  and  for  designating  the  plact  s  of  voting  ;  for 
the  sale  of  real  estate  belonging  to  minors,  estates  of  de- 
cedents, and  of  persons  laboring  under  legal  disabilities;  regu- 
lating the  fees  of  officers  of  the  Stale  and  county;  giving  ef- 
fect to  informal  or  invalid  deeds  or  wills;  legitimizing  children  ; 
providing  for  the  adoption  of  children  :  relieving  minors  from 
legal  disabilities ;  and  for  the  establishment  of  ferries. 

Sec.  21.  In  all  cases  enumerated  in  the  preceding  section  all 
laws  shall  be  general  and  of  uniform  operation  throughout  the 
State,  but  in  all  cases  not  enumerated  or  excepted  in  that 
section,  the  Legislature  ma}' pass  special  or  local  laws  ;  Pro- 
vided^ That  no  local  or  special  bill  shall  be  passed,  unless  no- 
tice of  the  intention  to  apply  therefor  shall  have  been  published 
in  the  locality  where  the  matter  or  thing  to  be  affected  may  be 
situated,  which  notice  shall  state  the  substance  of  the  contem- 
plated law,  and  shall  be  published  at  least  sixty  days  prior  to 
the  introduction  into  the  Legislature  of  such  bill,  and  in  the 
manner  to  be  provided  by  law.  The  evidence  that  such  notice 
has  been  published  shall  be  established  in  the  Legislature  be- 
fore such  bill  shall  be  passed. 

Sec.  22.  Provision  may  be  made  by  general  law  for  bringing 
suit  against  the  State  as  to  all  liabilities  now  existing  or  here- 
after originating. 

Sec.  23.  Lotteries  are  hereby  prohibited  in  this  State. 

Sec.  24.  The  Legislature  shall  establish  a  uniform  system  of 
county  and  municipal  government,  which  shall  be  applicable, 
except  in  cases  where  local  or  special  laws  are  provided  by  the 
Legislature  that  may  be  inconsistent  therewith. 

Sec.  25.  The  Legislature  shall  provide  by  general  law  for 
incorporating  such  educational,  agricultural,  mecianical,  min- 
ing and  other  useful  companies  or  associations  as  may  be  deemed 
necessary. 

Sec.  26.  Laws  shall  be  passed  regulating  elections,  and  pro- 
hibiting, under  adequate  penalties,  all  undue  influence  thereon 
from  power,  bribery,  tumult  or  other  improper  practice. 

Sec.  27.  The  Legislature  shall  provide  for  the  election  by  the 
people  or  appointment  by  the  Governor  of  all  State  and  county 
officers  not  otherwise  provided  for  by  this  Constitution,  and 
fix  by  law  their  duties  and  compensation. 

Sec  28.  Every  bill  that  may  have  passed  the  Legislature 
shall,  before  becoming  a  law,  be  presented  to  the  Governor  ; 


596 


if  he  approves  it  he  shall  sign  it,  but  if  not  he  shall  return  it 
with  his  objections  to  the  House  in  which  it  originated,  which 
House  shall  cause  such  objections  to  be  entered  upon  its  Jour- 
nal, and  proceed  to  reconsider  it ;  if,  after  such  reconsideration, 
it  shall  pass  both  Houses  by  a  two-thirds  vote  of  members 
present,'  which  vote  shall  be  entered  on  the  Journal  of  each 
House,  it  shall  become  a  law.  If  any  bill  shall  not  be  returned 
within  five  days  after  it  shall  have  been  presented  to  the  Gov- 
ernor (Sunday  excepted)  the  same  shall  be  a  law,  in  like  man- 
ner as  if  he  had  signed  it.  If  the  Legislature,  by  its  final  ad- 
journment prevent  such  action,  such  bill  shall  be  a  law,  unless 
the  Governor,  within  ten  days  after  the  adjournment,  shall 
file  such  bill,  with  his  objections  thereto,  in  the  office  of  the 
Secretary  of  State,  who  shall  lay  the  same  before  the  Legisla- 
ture at  its  next  session,  and  if  the  same  shall  receive  two-thirds 
of  the  votes  present  it  shall  become  a  law. 

Sec  29.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment ;  but  a  vote  of  two-thirds  of  all  members 
present  shall  be  required  to  impeach  any  officer ;  and  all  im- 
peachments shall  be  tried  by  the  Senate.  When  sitting  for 
that  purpose  the  Senators  shall  be  upon  oath  or  affirmation,  and 
no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  Senators  present.  The  Senate  may  adjourn  to  a 
fixed  day  for  the  trial  of  any  impeachment,  and  may  sit  for 
the  purpose  of  such  trial  whether  the  House  of  Representatives 
be  in  session  or  not,  but  the  time  fixed  for  such  trial  shall  not 
be  more  than  six  months  from  the  time  articles  of  impeach- 
ment shall  be  preferred  by  the  House  of  Representatives.  The 
Chief  Justice  shall  preside  at  all  trials  by  impeachment  except 
in  the  trial  of  the  Chief  Justice,  when  the  Grovernor  shall  pre- 
side. The  Governor,  Administrative  officers  of  the  Executive 
Department,  Justices  of  the  Supreme  Court,  and  Judges  of  the 
Circuit  Court  shall  be  liable  to  impeachment  for  any  misde- 
meanor in  office,  but  judgment  in  such  cases  shall  extend  only 
to  removal  from  office  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  under  the  State ;  but  the  party  convicted 
or  acquitted  shall  nevertheless  be  liable  to  indictment,  trial 
and  punishment  according  to  law. 

Sec.  30.  Laws  making  appropriations  for  the  salaries  of  pub- 
lic officers  and  other  current  expenses  of  the  State  shall  contain 
provisions  on  no  other  subject. 

Sec.  31.  The  Legislature  shall  elect  United  States  Senators  in 
the  manner  prescribed  by  the  Congress  of  the  United  States  and 
by  this  Constitution. 

Sec.  32.  The  repeal  or  amendment  of  any  Criminal  Statute 


597 


shall  not  affect  the  prosecution  or  punishment  of  any  crime  com- 
mitted before  such  repeal  or  amendment. 

Sec.  33.  Xo  statute  shall  be  passed  lessening  the  time  within 
which  a  civil  action  may  be  commenced  on  any  cause  of  action 
existing  at  the  time  of  its  passage. 


ARTICLE  IV. 

EXECUTIVE  DEPAETMEXT. 

Sectiox  1.  The  Supreme  Executive  power  of  the  State  shall 
be  vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Gov- 
ernor of  Florida. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  State  at  the  time  and  places  of  voting  for  members 
of  the  Legislature,  and  shall  hold  his  office  tor  four  years 
from  the  time  of  his  installation,  but  shall  not  be  eligible  for 
re-election  to  said  office  the  next  succeeding  term ;  Provided, 
That  the  first  election  for  Governor  under  this  Constitution 
shall  be  had  at  the  time  and  places  of  voting  for  members  of 
the  Legislature  and  State  officers,  A.  D.  1888,  and  the  term 
of  office  of  the  Governor  then  elected  shall  begin  on  the  first 
Tuesday  after  the  first  Monday  in  January  after  his  election. 

Sec.  3.  Xo  person  shall  be  eligible  to  the  office  of  Governor 
who  is  not  a  qualified  elector,  and  who  has  not  been  ten  years 
a  citizen  of  the  L^nited  States,  and  five  years  a  citizen  and  resi- 
dent of  the  State  of  Florida,  next  preceding  the  time  of  his 
election;  Promded,  That  these  limitations  of  time  shall  not 
apply  to  the  President  of  the  Senate  or  Speaker  of  the  House 
of  Representatives  when,  under  this  Constitution,  the  powers 
and  duties  of  Governor  shall  devolve  upon  them. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  forces  of  the  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States. 

Sec.  5.  The  Governor  shall  transact  all  Executive  business 
with  the  officers  of  the  Government,  civil  and-military,  and  may 
require  information  in  writing  from  the  administrative  ofii- 
cers  of  the  Executive  Department  upon  any  subject  relating 
to  the  duties  of  their  respective  offices. 

Sec.  6.  The  Governor  shall  take  care  that  the  laws  be  faith- 
fully executed. 

Sec.  7.  When  any  office,  from  any  cause,  shall  become  va- 
cant, and  no  mode  is  provided  by  this  Constitution  or  by  the 
laws  of   the  State  for    filling  such  vacancy,  the  Governor 


598 


shall  have  the  power  to  fill  such  vacancy  by  orranting  a  com- 
mission for  the  unexpired  terra. 

Sec.  8.  The  Governor  may,  on  extraordinary  occasions,  con- 
vene the  Legislature  by  proclamation,  and  shall  in  his  procla- 
mation state  the  purpose  for  which  it  is  to  be  convened,  and 
the  Legislature  when  organized  shall  transact  no  legislative 
business  other  than  that  for  which  it  is  especially  convened, 
or  such  other  legislative  business  as  the  Governor  may  call 
to  its  attention  while  in  session,  except  by  a  two-thirds  vote  of 
each  House. 

Sec.  9.  The  Governor  shall  communicate  by  message  to  the 
Legislature  at  each  regular  session  information  concerning  the 
condition  of  the  State,  and  recommend  such  measures  as  he 
may  deem  expedient. 

Sec.  10.  In  case  of  a  disagreement  between  the  two  Houses 
with  respect  to  the  time  of  adiournmeno,  the  Governor  shall 
have  power  to  adjourn  the  Legislature  to  such  time  as  he  may 
think  proper,  provided  it  be  not  beyond  the  time  fixed  for  the 
meeting  of  tlie  next  Legislature. 

Sec.  11.  The  Governor  shall  have  power  to  suspend  the  col- 
lection of  fines  and  forfeitures,  and  grant  repr. eves  for  a  period 
not  exceeding  sixty  days,  for  all  offences,  except  in  cases  of 
impeachment.  In  cases  of  conviction  for  treason  he  shall  have 
power  to  suspend  the  execution  of  sentence  until  the  case  shall 
be  reported  to  the  Legislature  at  its  next  session,  when  the 
Legislature  shall  either  pardon,  direct  the  execution  of  the 
sentence,  or  grant  a  farther  reprieve ;  and  if  the  Legislature 
shall  fail  or  refuse  to  make  disposition  of  such  case,  the  sen- 
tence shall  be  enforced  at  such  time  and  place  as  the  Governor 
may  direct.  He  shall  communicate  to  the  Legislature,  at  the 
beginning  of  every  session,  every  case  of  fine  or  forfeiture 
remitted,  or  reprieve,  pardon  or  commutation  granted,  stating 
the  name  of  the  convict,  the  crime  for  which  he  was  convicted, 
the  sentence,  its  date,  and  the  date  of  its  remission,  commuta- 
tion, pardon  or  reprieve. 

Sec.  12.  The  Governor,  Justices  of  the  Supreme  Court,  and  At- 
torney-General, or  a  major  part  of  them,  of  whom  the  Governor 
shall  be  one,  may,  upon  such  conditions,  and  wiih  such  limita- 
tions and  restrictions  as  they  may  deem  proper,  remit  fifies  and 
forfeitures,  commute  punishment  and  grant  pardons  after  con- 
viction, in  all  cases  except  treason  and  impeachment,  subject  to 
such  regulations  as  may  be  prescribed  by  law  relative  to  the 
manner  of  applying  for  pardons. 

Sec.  13.  The  Governor  may,  at  any  time,  require  the  opinion 
of  the  Justices  of  the  Supreme  Court  as  to  the  interpretation 
of  any  portion  of  this  Constitution  upon  any  question  affecting 


599 


his  Executive  powers  and  duties,  and  the  Justices  shall  render 
such  opinion  in  writing. 

SEa  14.  All  grants  and  commissions  shall  be  in  the  name  and 
under  the  authority  of  the  State  of  Florida,  sealed  with  the 
great  seal  of  the  State,  signed  by  the  Governor,  and  counter- 
signed by  the  Secretary  of  State. 

Sec.  15.  All  officers  that  shall  have  been  appointed  or  elected, 
and  that  are  not  liable  to  impeachment,  may  be  suspended  from 
office  hy  the  Governor  for  malfeasance,  or  misfeasance,  or  ne- 
glect of  duty  in  office,  for  the  commission  of  any  felony,  or  for 
drunkenness  or  incompetency,  and  the  cause  of  suspension 
shall  be  communicated  to  the  officer  suspended  and  to  the  Senate 
at  its  next  session.  And  the  Governor,  by  and  with  the  consent 
of  the  Senate,  may  remove  any  officer,  not  liable  to  impeach- 
ment, for  any  cause  above  named.  Every  suspension  shall 
continue  until  the  adjournment  of  the  next  session  of  the  Senate, 
unless  the  officer  suspended  shall,  upon  the  recommendation  of 
the  Governor,  be  removed ;  but  the  Governor  may  reinstate 
the  officer  so  suspended  upon  satisfactory  evidence  that  the 
charge  or  charges  against  him  are  untrue.  If  the  Senate  shall 
refuse  to  remove,  or  fail  to  take  action  before  its  adjournment, 
the  officer  suspended  shall  resume  the  duties  of  the  office.  The 
Governor  shall  have  power  to  fill  by  appointment  any  office, 
the  incumbent  of  which  has  been  suspended.  Xo  officer  sus- 
pended who  shall  under  this  section  resume  the  duties  of  his 
office,  shall  sufter  any  loss  of  salary  or  other  compensation  in 
consequence  of  such  suspension.  The  suspension  or  removal 
herein  authorized  shall  not  relieve  the  officer  from  indictment 
for  any  misdemeanor  in  office. 

Sec.  16.  The  Governor  shall  appoint  all  commissioned  officers 
of  the  State  Militia,  including  an  Adjutant-General  for  the 
State.  The  Adjutant-General  shall  be  the  chief  officer  of  the 
Governor's  staff,  with  the  rank  of  Major-General.  His  duties 
and  compensation  shall  be  prescribed  by  law;  Provided^  That 
this  Constitution  shall  work  no  vacancy  in  the  office  of  Adju- 
tant-General, as  now  constituted,  until  the  expiration  of  the 
present  term. 

Sec.  17.  The  Governor  and  the  administrative  officers  of  the 
Executive  Department  shall  constitute  a  Board  of  Commis- 
sioners of  State  Institutions,  which  Board  shall  have  supervision 
of  all  matters  connected  with  such  institutions  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  is.  The  Governor  shall  have  power  to  disapprove  of  any 
item  or  items  of  any  bills  making  appropriations  of  money  em- 
bracing distinct  items,  and  the  part  or  parts  of  the  bill  approved 
shall  be  the  law,  and  the  item  or  items  of  appropriation  disap- 


600 


proved  shall  be  void,  unless  repassed  according  to  the  rules  and 
^  limitations  prescribed  for  the  passage  of  other  bills  over  the 
Executive  veto. 

Sec.  19.  In  case  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  resignation  or  inability  to  discharge 
his  official  duties,  the  powers  and  duties  of  Governor  shall 
devolve  upon  the  President  of  the  Senate  for  the  residue  of  the 
term,  or  until  the  disability  shall  cease  ;  and  in  case  of  the  im- 
peachment, removal  from  office,  death,  resignation  or  inability 
of  the  President  of  the  Senate,  the  powers  and  duties  of  the 
office  shall  devolve  upon  the  Speaker  of  the  House  of  Repre- 
sentatives. But  should  there  be  a  general  election  for  mem- 
bers of  the  Legislature  during  such  vacancy,  an  election  for 
Governor  to  fill  the  same  shall  be  had  at  the  same  time. 

Sec.  20.  The  Governor  shall  be  assisted  by  administrative 
officers  as  follows :  A  Secretary  of  State,  Attorney-General, 
Comptroller,  Treasurer,  Superintendent  of  Public  Instruction, 
and  Commissioner  of  Agriculture,  who  shall  be  elected  at  the 
same  time  as  the  Governor,  and  shall  hold  their  offices  for  the 
same  term  ;  Provided,  That  the  first  election  of  such  officers 
shall  be  had  at  the  time  of  voting  for  Governor  A.  D.  1888. 

Sec.  21.  The  Secretary  of  State  shall  keep  the  records  of 
official  acts  of  the  Legislative  and  Executive  Departments  of 
the  Government,  and  shall,  when  required,  lay  the  same,  and 
all  matters  relative  thereto,  before  either  branch  of  the  Legisla- 
ture ;  and  shall  be  the  custodian  of  the  Great  Seal  of  the  State. 
He  shall  also  have  charge  of  the  Capitol  building  and 
grounds,  and  perform  such  other  duties  as  shall  be  prescribed 
by  law 

Sec.  22.  The  Attorney-General  shall  be  the  legal  adviser  of 
the  Governor,  and  of  each  of  the  officers  of  the  Executive  De- 
partment, and  shall  perform  such  other  legal  duties  as  may  be 
prescribed  by  law.  He  shall  be  Reporter  for  the  Supreme 
Court. 

Sec.  23.  The  Comptroller  shall  examine,  audit,  adjust  and 
settle  the  accounts  of  all  officers  of  the  State  and  perform  such 
other  duties  as  may  be  prescribed  by  law. 

Sec.  24.  The  Treasurer  shall  receive  and  keep  all  funds, 
bonds,  and  other  securities,  in  such  manner  as  may  be  pre- 
scribed by  law,  and  shall  disburse  no  funds,  nor  issue  bonds,  or 
other  securities,  except  upon  the  order  of  the  Comptroller 
countersigned  by  the  Governor,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  25.  The  Superintendent  of  Public  Instruction  shall  have 
supervision  of  all  matters  pertaining  to  public  instruction ;  the 
supervision  of  State  buildings  devoted  to  educational  purposes, 


601 


and  perform  such  other  duties  as  the  Legislature  may  provide 
by  law. 

Sec.  26.  The  Commissioner  of  Agriculture  shall  perform  such 
duties  in  relation  to  agriculture  as  may  be  prescribed  by  law  ; 
shall  have  supervision  of  all  matters  pertaining  to  the  public 
lands  under  regulations  prescribed  by  law,-  and  shall  keep  the 
Bureau  of  Immigration.  He  shall  also  have  supervision  of 
the  State  Prison,  and  shall  perform  such  other  duties  as  may  be 
prescribed  by  law. 

Sec.  27.  Each  officer  of  this  Department  shall  make  a  full 
report  of  his  official  acts,  of  the  receipts  and  expenditures  of 
his  office,  and  of  the  requirements  of  the  same,  to  the  Gover- 
nor at  the  beginning  of  each  regular  session  of  the  Legislature, 
or  whenever  the  Governor  shall  require  it.  Such  reports  shall 
be  laid  before  the  Legislature  by  the  Governor  at  the  begin- 
ning of  each  regular  session  thereof.  Either  House  of  the 
Legislature  may  at  any  time  call  upon  any  officer  of  this  de- 
partment for  information  required  by  it. 

Sec.  28.  The  administrative  officers  of  the  Executive  De- 
partment shall  be  installed  on  the  same  day  as  the  Governor. 

Sec.  29.  The  salary  of  the  Governor  of  the  State  shall  be 
thirty-five  hundred  dollars  a  year,  of  the  Comptroller  two  thou- 
sand dollars,  of  the  State  Treasurer  two  thousand  dollars, 
of  the  Secretary  of  State  fifteen  hundred  dollars,  ot  the 
Attorney-General  fifteen  hundred  dollars,  of  the  Commissioner 
of  Agriculture  fifteen  hundred  dollars,  of  the  Superintendent 
of  Public  Instruction  fifteen  hundred  dollars,  a  year;  Provided^ 
That  no  administrative  officer  of  the  Executive  Department 
shall  receive  any  additional  compensation  beyond  his  salary 
for  any  service  or  services  rendered  the  State  in  connection 
with  the  Internal  Improvement  fund  or  other  interests  belong- 
ing to  the  State  of  Florida  ;  Provided^  further,  That  the  Legis- 
lature may  after  eight  years  from  the  adoption  of  this  Consti- 
tution increase  or  decrease  any  or  all  of  said  salaries. 


ARTICLE  Y. 

JUDICIARY  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in 
a  Supreme  Court,  Circuit  Courts,  Criminal  Courts,  County 
Courts,  County  Judges  and  Justices  of  the  Peace. 

Sec.  2.  The  Supreme  Court  shall  consist  of  three  Justices, 
who  shall  be  elected  by  the  qualified  electors  of  the  State  at 
the  time  and  places  of  voting  for  members  of  the  Legislature, 


602 


and  shall  hold  their  office  for  the  term  of  six  years, 
except  those  first  elected,  one  of  whom,  to  be  designated  by  lot 
in  such  manner  as  they  may  determine,  shall  hold  his  office 
for  two  years,  another  to  be  designated  in  like  manner  for  four 
years,  and  the  third  for  six  years,  so  that  one  shall  be  elected 
every  two  years  after  the  first  election.  The  Chief  Justice  shall 
be  designated  by  lot  by  said  Justices,  and  shall  be  such  during 
his  term  of  office.  The  first  election  for  said  Justices  shall  take 
place  at  the  first  election  for  members  of  the  Legislature  after 
the  ratification  of  this  Constitution,  and  their  term  of  office 
shall  begin  on  the  first  Tuesday  after  the  first  Monday  in  Janu- 
ary after  their  election. 

Seg.  3.  ISlo  person  shall  ever  be  appointed  or  elected  as  a 
Justice  of  the  Supreme  Court,  or  Judge  of  a  Circuit  Court,  or 
Criminal  Court,  that  is  not  twenty-five  years  of  age  and  an  at- 
torney at  law. 

Sec.  4.  The  majority  of  the  Justices  of  the  Supreme  Court 
shall  constitute  a  quorum  for  the  transaction  of  all  business. 
The  concurrence  of  two  Justices  shall  be  necessary  to  a  decis- 
ion. The  number  of  terms  of  the  Supreme  Court  and  the  times 
of  holding  the  same  shall  be  regulated  by  law.  All  terms  shall 
be  held  at  the  Capital  of  the  State. 

Sec.  5.  The  Supreme  Court  shall  have  appellate  jurisdiction 
in  all  cases  at  law  and  in  equity  originating  in  Circuit  Courts, 
and  of  appeals  from  the  Circuit  Courts  in  cases  arising  before 
Judges  of  the  County  Courts  in  matters  pertaining  to  their  pro- 
bate jurisdiction  and  in  the  management  of  the  estates  of  in- 
fants, and  in  cases  of  conviction  of  felony  in  the  criminal  courts, 
and  in  all  criminal  cases  originating  in  the  Circuit  Courts.  The 
Court  shall  have  the  power  to  issue  writs  of  mandamus,  certiorari, 
prohibition,  quo  warranto,  habeas  corpus,  and  also  all  writs 
necessary  or  proper  to  the  complete  exercise  of  its  jurisdiction. 
Each  of  the  Justices  shall  have  power  to  issue  writs  of  habeas 
corpus  to  any  part  of  the  State  upon  petition  by  or  on  behalf 
of  any  person  held  in  actual  custody,  and  may  make  such 
writs  returnable  before  himself  or  the  Supreme  Court,  or  any 
Justice  thereof,  or  before  any  Circuit  Judge. 

Sec.  6.  The  Legislature  shall  have  power  to  prescribe  regu- 
lations for  calling  into  the  Supreme  Court  a  Judge  of  the  Cir- 
cuit Court,  to  hear  and  determine  any  matters  pending  before 
the  Court  in  the  place  of  any  Justice  thereof  that  shall  be 
disqualified  or  disabled  in  such  case  from  interest  or  other 
cause. 

Sec.  7.  The  Supreme  Court  shall  appoint  a  Clerk  who  shall 
have  his  office  at  the  Capital  and  shall  be  Librarian  of  the  Su- 
preme Court  Library. 


603 


Sec.  S.  There  shall  be  seven  Circuit  Judge?, who  shall  be 
appointed  by  the  Governor  and  confirmed  by  the  Senate,  and 
who  shall  hold  their  ofiiee  for  six  years.  The  State  shall  be 
divided  into  seven  Judicial  Circuits,  and  one  Judge  shall  be  as- 
signed to  each  Circuit.  Such  Judge  shall  hold  at  least  two 
terms  of  his  court  in  each  county  within  his  Circuit  every  year, 
at  such  times  and  places  as  sball  be  prescribed  bylaw,  and  may 
hold  special  terms.  The  Governor  may,  in  his  discretion,  order 
a  temporary  exchange  of  Circuits  by  the  respective  Judges,  or 
order  any  Jud^'e  to  hold  one  or  more  terms  or  parts  of  terms 
in  any  other  Circuit  than  that  to  which  he  is  assigned.  Ttie 
Judge  shall  reside  in  the  Circuit  of  which  he  is  Ju:lge.  Suc- 
cessors to  the  Judges  of  the  Circuit  Courts  in  otlice  at  the 
ratification  of  this  Constitution  shall  be  appointed  ani  con- 
firmed at  the  first  session  of  the  Legislature  after  such  rati- 
fication. 

Sec.  9.  Tne  salary  of  the  Justices  of  the  Supreme  Court 
shall  be  three  taousan  i  dollars  a  year.  Tne  salary  of  each  Cir- 
cuit Judge  shall  he  two  thousand  fire  hundred  dollars  a  year. 

Sec.  10.  Until  otherwise  defined  by  the  Legislature  the  sev- 
ral  jQ'iicial  Circuits  of  th^'  State  shall  be  as  follows  : 

Tiie  Fii'st  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Escambia,  Santa  Rosa,  Walton,  Holmes,  Washington  and 
Jackson. 

The  Second  Judicial  Circuit  snail  be  composed  of  the  coun- 
ties of  Gadsden,  Liberty,  Calhoun,  Franklin,  Leon,  Wakulla 
and  Jeflerson. 

The  Third  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Madison,  Taylor,  Lafayette,  Hamilton,  Suwannee  and  Co- 
lumbia. 

The  Fourth  Judicial  Circuit  shall  be  composed  of  the  counties 
of  Xassau,  Duval,  Baker,  Bradford,  Clay  and  St.  Johns. 

The  Fifth  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Putnam,  Alachua,  Levy.  Marion  and  Sumter. 

The  Sixth  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Hernando,  Hillsborough,  Manatee,  Polk  and  Monroe. 

The  Seventh  Judicial  Circuit  shall  be  composed  of  the  coun- 
ties of  Volusia.  Brevard,  Orange  and  Dade. 

Sec.  11,  The  Circuit  Courts  shall  have  exclusive  original  juris- 
diction in  all  cases  in  equity,  also  in  all  cases  at  law,  not  cogniz- 
able by  inferior  courts,  and  in  ail  cases  involving  the  legality  of 
any  tax.  assessment,  or  toll :  of  the  action  of  ejectment  and  of  all 
actions  involving  the  titles  or  boundaries  of  real  estate,  and  of  all 
criminal  cases  not  cognizable  by  inferior  courts;  and  original 
jurisdiction  of  actions  of  forcible  entry  and  unlawful  detainer, 
and  of  such  other  matters  as  the  Legislature  may  provide.  They 


604 


shall  have  final  appellate  jurisdiction  in  all  civil  and  criminal 
cases  arising  in  the  County  Court,  or  before  the  County  Judge, 
©f  all  misdemeanors  tried  in  Criminal  Courts,  of  judgments  or 
sentences  of  any  Mayor's  Court,  and  of  all  cases  arising  be- 
fore Justices  of  the  Peace  in  counties  in  which  there  is  no 
•County  Court;  and  supervision  and  appellate  jurisdiction  of 
matters  arising  before  County  Judges  pertaining  to  their  pro- 
bate jurisdiction,  or  to  the  estates  and  interests  of  minors,  and 
of  such  other  matters  as  the  Legislature  may  provide.  The 
Circuit  Courts  and  Judges  shall  have  power  to  issue  writs 
of  mandamus,  injunction,  quo  warranto,  certiorari,  prohibi- 
tion, habeas  corpus  and  all  writs  proper  and  necessary  to  the 
complete  exercise  of  their  jurisdiction. 

Sec.  12.  The  Circuit  Courts  and  Circuit  Judges  may  have 
such  extra  territorial  jurisdiction  in  chancery  cases  as  may  be 
prescrib<rd  by  law. 

Sec.  13.  It  shall  be  the  duty  of  the  Judges  of  the  Circuit 
Courts  to  report  to  the  Attorney  General  at  least  thirty  days 
before  each  session  of  the  Legislature  such  defects  in  the  laws 
as  may  have  been  brought  to  their  attention,  and  to  suggest 
such  amendments  or  additional  Legislation  as  may  be  deemed 
necessary.  The  Attorney-General  shall  report  to  the  Legis- 
lature at  each  session  such  legislation  as  he  may  deem  ad- 
visable. 

Sec.  14.  A  Circuit  Judge  may  appoint  in  each  county  in  his 
Circuit  one  or  more  attorneys  at  law,  to  be  Court  Commis- 
sioners, who  shall  have  power  in  the  absence  from  the  county 
of  the  Circuit  Judge,  to  allow  writs  of  injunction  and  to  issue 
writs  of  habeas  corpus,  returnable  before  himself  or  the  Circuit 
Judge.  Their  orders  in  such  matters  may  be  reviewed  by  the 
Circuit  Judge,  and  confirmed,  qualified  or  vacated.  They  may 
be  removed  by  the  Circuit  Judge.  The  Legislature  may  confer 
upon  them  further  powers,  not  judicial,  and  shall  fix  their  com- 
pensation. 

Sec.  15.  The  Governor,  by  and  with  the  consent  of  the  Sen- 
ate, shall  appoint  a  State  Attorney  in  each  Judicial  Circuit,  whose 
duties  shall  be  prescribed  by  law,  and  who  shall  hold  office  for 
four  years.  There  shall  be  elected  in  each  county  a  Sheriff, 
and  a  Clerk  of  the  Circuit  Court,  who  shall  also  be  Clerk  of 
the  County  Court,  except  in  counties  where  there  are  Criminal 
Courts,  and  of  the  Board  of  County  Commissioners,  and  Re- 
corder and  ex-officio  Auditor  of  the  County,  each  of  whom 
shall  hold  office  for  four  years.  Their  duties  shall  be  pre- 
scribed by  law. 

Sec.  16.  There  shall  be  in  each  county  a  County  Judge  who 
shall  be  elected  by  the  qualified  electors  of  said  county  at  the 


605 


time  and  places  of  voting  for  other  county  officers  and  shall 
hold  bis  office  for  four  years.  His  compensation  shall  be  pro- 
vided for  by  law. 

Sec.  17.  The  County  Judge  shall  have  original  jurisdiction 
in  all  cases  at  law  in  which  the  demand  or  value  of  property 
involved  shall  not  exceed  one  hundred  dollars;  of  proceedings 
relating  to  the  forcible  entrv  or  unlawful  detention  of  lands 
and  tenements ;  and  of  such  criminal  cases  as  the  Legislature 
may  prescribe.  The  County  Judge  shall  have  jurisdiction  of 
the  settlement  of  the  estates  of  decedents  and  minors,  to  order 
the  sale  of  real  estate  of  decedents  and  minors,  to  take  probate 
of  wills,  to  grant  letters  testamentary  and  of  administration 
and  guardianship,  and  to  discharge  the  duties  usually  pertain- 
ing to  courts  of  probate.  He  shall  ha^'e  the  power  of  a  com- 
mitting magistrate  and  shall  issue  all  licenses  required  by  law 
to  be  issued  in  the  county. 

Sec.  18.  The  Legislature  may  organize  in  such  counties,  as  it 
may  think  proper,  County  Courts  which  shall  have  jurisdiction 
of  all  cases  at  law  in  which  the  demand  or  value  of  the  pro- 
perty involved  shall  not  exceed  five  hundred  dollars  ;  of  pro- 
ceedings relating  to  the  forcible  entry  or  unlawful  detention  of 
lands  and  tenements,  and  of  misdemeanors,  and  tinal  appellate 
jurisdiction  in  civil  cases  arising  in  the  Courts  of  Justices  of 
the  Peace.  The  trial  of  such  appeals  may  be  de  novo  at  the 
option  of  appellant.  The  County  Judge  shall  be  the  Judge  of 
said  Court.  There  shall  be  elected  by  the  qualified  electors  of 
said  county  at  the  time  when  the  said  Judge  is  elected  a  Pros- 
ecuting Attornev  for  said  county,  who  shall  hold  office  tor  four 
vears.  His  duties  and  compensation  shall  be  prescribed  by 
law.  Such  Courts  may  be  abolished  at  the  pleasure  of  the  Leg- 
islature. 

Sec.  19.  When  any  civil  case  at  law  in  which  the  Judge  is 
disqualified  shall  be  called  for  trial  in  a  Circuit  or  County 
Court,  the  parties  may  agree  upon  an  attorney  at  law,  who 
shall  i..e  Judge  ad  lite/n,  and  shall  preside  over  the  trial  of  and 
make  orders  in  said  cause  as  if  he  were  Judge  of  the  Court. 
The  parties  may,  however,  transler  the  cause  to  another  Cir- 
cuit Court  or  County  Court,  as  the  case  may  be,  or  may  have 
the  case  submitted  to  a  referee. 

Sec.  20.  Any  civil  cause  may  be  tried  before  a  practicing  at- 
torney as  referee  upon  the  application  of  the  parties  and  an 
order'  from  the  court  in  whose  jurisdiction  the  case  may  be, 
authorizing  such  trial  and  appointing  such  referee.  The  referee 
shall  keep  a  complete  record  of  the  case,  including  the  evi- 
dence taken,  and  such  record  shall  be  filed  with  the  papers  in 


606 


the  case  in  the  office  of  the  Clerk;  and  the  cause  shall  be  sub- 
ject to  an  appeal  in  the  manner  prescribed  by  law. 

Sec.  21.  The  County  Commissioners  of  each  county  shall 
divide  it  into  as  many  Justice  Districts,  not  less  than  two,  as 
they  may  deem  necessary.  There  shall  be  elected  one  Justice 
of  the  Peace  for  each  of  the  said  districts.  He  shall  hold  his 
office  for  four  years. 

Sec.  22.  In  each  county  where  there  is  no  County  Court, 
as  provided  for  in  section  eighteen  of  this  Article,  the  Jus- 
tices of  the  Peace  shall  have  jurisdiction  in  cases  at  law  in 
which  the  demand  or  value  of  the  property  involved  does  not 
exceed  one  hundred  dollars,  and  in  which  the  cause  of  action 
accrued,  or  the  defendant  resides,  in  his  district ;  and  in  such 
criminal  cases,  except  felonies,  as  may  be  prescribed  by  law  ; 
and  in  counties  where  County  Courts  are  established,  as  pro- 
vided for  in  section  eighteen  of  this  Article,  every  Justice  of 
the  Peace  shall  have  jurisdiction  in  cases  at  law  in  which  the 
demand  or  value  of  the  property  does  not  exceed  fifty  dollars, 
and  in  which  the  cause  of  action  accrued,  or  the  defendant  re- 
sides, in  his  district;  and  he  shall  have  power  to  issue  process 
for  the  arrest  of  persons  charged  with  crime,  and  to  make  the 
same  returnable  before  himself  or  the  County  Judge,  for  ex- 
amination, discharge,  commitment  or  bail  of  the  accused. 
Justices  of  the  Peace  shall  have  power  to  hold  inquests  of  the 
dead.  Appeals  from  Justice  of  the  Peace  Courts  to  Circuit 
Courts  in  criminal  cases  shall  be  tried  de  novo  under  such 
regulations  as  the  Legislature  may  prescribe. 

Sec.  23.  A  Constable  shall  be  elected  by  the  registered  voters 
in  each  Justice's  district,  who  shall  perform  such  duties,  and 
under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  2  4.  There  shall  be  established  in  the  county  of  Escam- 
bia, and  upon  application  of  a  majority  of  the  registered  voters 
in  such  other  counties  as  the  Legislature  may  deem  expedient, 
a  Criminal  Court  of  Record,  and  there  shall  be  one  Judge 
for  each  of  the  said  courts,  who  shall  be  appointed  by  the  Gov- 
ernor and  confirmed  by  the  Senate,  who  shall  hold  his  office 
for  four  years,  and  whose  salary  shall  be  one  thousand  dollars 
a  year,  the  counties  paying  the  salaries. 

Sec.  25.  The  said  courts  shall  have  jurisdiction  of  all  crimi- 
nal cases  not  capital  which  shall  arise  in  said  counties  respect- 
ively. 

Sec.  26.  There  shall  be  six  terms  of  said  courts  in  each  year. 

Sec.  27.  There  shall  be  for  each  of  said  courts  a  prosecuting 
Attorney,  who  shall  be  appointed  by  the  Governor  and  con- 
firmed by  the  Senate,  and  who  shall  hold  his  office  for  four 
years.    His  compensation  shall  be  fixed  by  law. 


607 


Sec.  28.  All  offences  triable  in  said  Court  shall  be  prosecuted 
upon  information  under  oath,  to  be  filed  by  the  prosecuting 
attorney,  but  the  grand  jury  of  the  Circuit  Court  for  the  coun- 
ty in  which  said  Criminal  Court  is  held  may  indict  for  offences 
triable  in  the  Criminal  Court.  Upon  the  finding  of  such  indict- 
ment the  Circuit  Judge  shall  commit  or  bail  the  accused  for 
trial  in  the  Criminal  Court,  which  trial  shall  be  upon  informa- 
tion. 

Sec.  29.  The  County  Courts  in  counties  where  such  Criminal 
Courts  are  established  shall  have  no  criminal  jurisdiction  and 
no  prosecuting  Attorney. 

Sec.  30.  The  Clerk  of  said  Court  shall  be  elected  by  the  elec- 
tors of  the  county  in  which  the  Court  is  held  and  shall  hold 
office  for  four  years,  and  his  compensation  shall  be  fixed  by 
law.  He  shall  also  be  Clerk  of  the  County  Court.  The  Sheriff 
of  the  County  shall  be  the  executive  officer  of  said  Court,  and 
his  duties  and  fees  shall  be  fixed  by  law. 

Sec.  31.  The  State  x\ttorney  residing  in  the  county  where 
such  Court  is  held  shall  be  eligible  for  appointment  as  County 
Solicitor  for  said  county. 

Sec.  32.  Such  courts  may  be  abolished  by  the  Legislature. 

Sec.  33.  When  the  oflice  of  any  Judge  shall  become  vacant 
from  any  cause,  the  successor  to  fill  such  vacancy  shall  be  ap- 
pointed or  elected  only  for  the  unexpired  term  of  the  Judge 
whose  death,  resignation,  retirement,  or  other  cause  created 
such  vacancy. 

Sec.  34.  The  Legislature  may  establish  in  incorporated 
towns  and  cities,  courts  for  the  punishment  of  offences  against 
municipal  ordinances. 

Sec.  35.  Xo  courts  other  than  those  herein  specified  shall  be 
established  in  this  State. 

Sec.  36.  All  judicial  officers  in  this  State  shall  be  conserva- 
tors of  the  peace. 

Sec.  37.  The  style  of  all  process  shall  be  "The  State  of 
Florida,"  and  all  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authority  of  the  State. 

Sec.  38.  The  number  of  jurors  for  the  trial  of  causes  in  any 
court  may  be  fixed  by  law"  but  shall  not  be  less  than  six  in  any 
case. 


ARTICLE  YI. 

SUFFRAGE  AND  ELIGIBILITY. 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years 
and  upwards,  that  shall,  at  the  time  of  registration,  be  a  citizen 


608 


of  the  United  States,  or  that  shall  have  declared  his  inten- 
tion to  become  such  in  conformity  to  the  laws  of  the  United 
States,  and  that  shall  have  resided  and  had  his  habitation, 
domicile,  home  and  place  of  permanent  abode  in  Florida  for 
one  year,  and  in  the  county  for  six  months,  shall  in  such 
county  be  deemed  a  qualified  elector  at  all  elections  under  this 
Constitution. 

Sec.  2.  The  Legislature,  at  its  first  session  after  the  ratifica- 
tion of  this  Constitution,  shall  provide  by  law  for  the  registra- 
tion of  all  the  legally  qualified  voters  in  each  county,  and  for 
the  returns  of  elections  ;  and  shall  also  provide  that  after  the 
completion,  from  time  to  time,  of  such  registration,  no  person 
not  duly  registered  according  to  law  shall  be  allowed  to  vote. 

Sec.  3.  Every  elector  shall  at  the  time  of  his  registration  take 
and  subscribe  to  the  following  oath  :  "  I  do  solemnly  swear  or 
affirm  that  I  will  protect  and  defend  the  Constitution  of  the 
United  States  and  of  the  State  of  Florida,  that  I  am  twenty-one 
years  of  age,  and  have  been  a  resident  of  the  State  of  Florida  for 
twelve  months  and  of  this  county  for  six  months,  and  I  am 
qualified  to  vote  under  the  Constitution  and  laws  of  the  State 
of  Florida." 

Sec.  4.  No  person  under  guardianship,  non  compoB  mentis  or 
insane  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  felony  by  a  court  of  record  be  qualified  to 
vote  at  any  election  unless  restored  to  civil  rights. 

Sec.  5.  The  Legislature  shall  have  power  to,  and  shall,  enact 
the  necessary  laws  to  exclude  from  every  office  of  honor,  power, 
trust  or  profit,  civil  or  military,  within  the  State,  and  from 
the  right  of  suffrage,  all  persons  convicted  of  bribery,  perjury, 
larceny,  or  of  infamous  crime,  or  who  shall  make,  or  become 
directly  or  indirectly  interested  in,  any  bet  or  wager,  the  re- 
sult of  which  shall  depend  upon  any  election ;  or  that  shall 
hereafter  fight  a  duel  or  send  or  accept  a  challenge  to  fight,  or 
that  shall  be  a  second  to  either  party,  or  that  shall  be  the 
bearer  of  such  challenge  or  acceptance ;  but  the  legal  disability 
shall  not  accrue  until  after  trial  and  conviction  by  due  form  of 
law. 

Sec.  6.  In  all  elections  by  the  Legislature  the  vote  shall  be 
viva  voce,  and  in  all  elections  by  the  people  the  vote  shall  be  by 
ballot. 

Sec.  7.  At  any  election  at  which  a  citizen  or  ^iubject  of  any 
foreign  country  shall  offer  to  vote  under  the  provisions  of  this 
Constitution,  if  required  by  any  elector,  he  shall  produce  to  the 
persons  lawfully  authorized  to  conduct  and  supervise  such  elec- 
tion a  duly  sealed  and  certified  copy  of  his  declaration  of  in- 
tention, and  if  unable  to  do  so  by  reason  that  such  copy  cannot 


609 


be  obtained  at  the  time  of  said  election,  he  shall-  be  allowed  to 
make  affidavit  before  a  proper  officer,  setting  forth  the  reason 
why  he  is  unable  to  furnish  such  certiticate,  and  if  said  affidavit 
prove  satisfactory  to  the  inspectors  they  shall  allow  said  elector 
to  cast  his  vote ;  and  any  nai  uralized  citizen  offisring  to  vote 
shall,  if  so  required  by  any  elector,  produce  his  certificate  of 
naturalization  or  a  duly  certified  copy  thereof,  and  in  the  event 
that  said  elector  cannot  produce  the  same,  he  shall  be  allowed 
to  make  affidavit  before  a  proper  officer  stating  in  full  the  reason 
why  it  cannot  be  furnished,  and  if  satisfactory  to  the  inspectors 
of  said  election  such  elector  shall  be  allowed  to  vote. 

Sec.  S.  The  Legislature  shall  have  power  to  make  the  pay- 
ment of  the  capitation  tax  a  prerequisite  for  voting,  and  all 
such  taxes  received  shall  go  into  the  school  fund. 

Sec.  9.  The  Legislature  shall  enact  such  laws  as  will  preserve 
the  purity  of  the  ballot  given  under  this  Constitution. 


ARTICLE  VIL 

CENSUS  AND  APPORTIOXMEXT. 

Sectiox  1.  The  Senators  representing  the  odd  numbered  dis- 
tricts, as  said  districts  are  now  designated,  whose  terms  have 
not  expired,  and  those  Senators  representing  even  numbered 
districts,  to  be  elected  A.  D.  1SS6,  under  the  Constitution  of 
1868,  shall  be  the  tirst  Senate  under  this  Constitution  ;  and  the 
members  of  the  Assembly  to  be  elected  A.  D.  1886  shall  be 
the  first  House  of  Representatives  under  this  Constitution,, 
and  the  Senate  and  House  of  Representatives  thus  constituted 
shall  be  the  first  Legislature  under  this  Constitution,  and 
the  terms  of  office  of  each  of  the  said  Senators  and  members 
of  the  House  of  Representatives  shall  expire  at  the  election  for 
Senators  and  members  of  the  House  of  Representatives  A.  D. 
1888,  and  in  that  year  a  new  Senate  and  House  of  Representa- 
tives shall  be  elected. 

Sec.  2.  The  Legislatures  that  convene  in  the  year  1889  and 
thereafter,  shall  consist  of  not  more  than  thirty-two  members 
of  the  Senate,  and  of  not  more  than  sixty-eighL  members  of 
the  House  of  Representatives.  The  members  of  the  House  of 
Representatives  shall  be  elected  for  terms  of  two  years,  and  the 
members  of  the  Senate  shall  be  elected  for  terms  of  four 
years,  except  as  her  .'after  provided,  the  elections  for  members 
of  the  Senate  and  House  of  Representatives  to  be  held  at  the 
same  time  and  places.  The  terms  of  Senators  elected  in  1888 
from  districts  designated  by  even  numbers,  shall  expire  at  the 
end  of  two  years  from  that  date,  and  thereafter  all  Senators 
39 


610 


shall  be  elected  for  four  years,  so  that  one-half  of  the  whole 
number  shall  be  elected  biennially. 

Sec.  3.  The  Legislature  that  sliall  meet  A.  D.  1887,  and  those 
that  shall  meet  every  ten  years  thereafter,  shall  apportion  the 
representation  in  the  Senate,  the  whole  number  of  Senators 
not  to  exceed  thirty-two  members ;  and  at  the  same  time 
shall  also  apportion  the  representation  in  the  House  of  Repre- 
sentatives, the  whole  number  of  Representatives  not  to  exceed 
sixty-eight  members.  The  representation  in  the  H'-use  of 
Representatives  shall  be  apportioned  among  the  several  coun- 
ties as  nearly  as  possible  according  to  population ;  Provided^ 
Each  county  shall  have  one  representative  at  large  in  the  House 
of  Representatives,  and  no  county  shall  have  more  than  three 
Representatives. 

Sec.  4.  When  any  Senatorial  District  is  composed  of  two  or 
more  counties,  the  counties  of  which  such  district  consists  shall 
not  be  entirely  separated  by  any  county  belonging  to  another 
■district.  Any  new  county  that  may  be  created  shall  be  en- 
titled to  one  member  in  the  House  of  Representatives  until  the 
next  apportionment  thereaftei- ;  and  shall  be  assigned  when  cre- 
ated to  one  of  the  adjoining  Senatorial  Districts  as  shall  be 
■determined  by  the  Legislature. 

Sec.  5.  The  Legislature  shall  provide  for  an  enumeration  of 
all  the  inhabitants  of  the  State  by  counties  for  the  year  1895, 
and  every  ten  years  thereafter. 


ARTICLE  VHL 

COUNTIES  AND  CITIES. 

Section  1.  The  State  shall  be  divided  into  political  divisions 
to  be  called  counties. 

Sec.  2.  The  several  counties  as  they  now  exist  are  hereby 
recognized  as  the  legal  political  divisions  of  the  State. 

Sec.  3.  The  Legislature  shall  have  power  to  establish  new 
counties,  and  to  change  county  lines.  Every  newly  established 
county  shall  be  held  liable  for  its  proportion  of  the  then 
existing  liabilities  of  the  county  or  counties  from  which  it  shall 
be  formed,  rated  upon  the  basis  of  the  assessed  value  of  the 
property,  both  real  and  personal,  subject  to  taxation  within 
the  territory  taken  from  any  county  or  counties  ;  and  every 
county  acquiring  additional  territory  from  another  county  shall 
be  held  liable  for  its  proportion  of  the  liabilities  of  such  other 
county  existing  at  the  time  of  such  acquisition,  to  be  rated 


611 


upon  tlie  basis  of  the  assessed  value  of  all  property  subject 
to  taxation  within  such  acquired  territory. 

Sec.  4.  The  Legislature  shall  have  no  power  to  remove  the 
County  Seat  of  any  county,  but  shall  provide  by  general  law 
for  such  removal  ;  Provided^  That  in  the  formation  of  new 
counties  the  County  Seat  may  be  temporarily  established  by 
law. 

Sec.  o.  There  shall  be  appointed  by  the  Governor,  by  and 
with  the  consent  of  the  Senate,  in  and  for  each  cottnty,  five 
County  Commissioners.  Their  tei'ms  of  office  .-hall  be  two 
years,  and  their  powers^  duties  and  compensation  shall  be  pre- 
scribed by  law.  The  Legislature  shall  provide  for  the  division 
of  ea:  h  county  into  five  districts,  and  one  County  Commission- 
er shall  be  selected  from  each  of  such  districts. 

Sec.  6.  The  Legislature  shall  provide  for  the  election  by  the 
qiialitied  electors  in  each  county  of  the  folio  win  o-  county  ofiBl- 
cers  :  A  Clerk  of  the  Circuit  Court,  a  Sherifi-',  Constables,  a 
County  Assessor  of  Taxes,  a  Tax  Collector,  a  County  Treas 
urer,  a  Superintendent  of  Public  Instruction,  and  a  County 
Survevor.  The  term  of  office  of  all  county  ofiicers  mentioned 
in  this  section  shall  be  four  years,  except  that  of  County  Assess- 
or of  Taxes,  County  Tax  Collector  and  County  Treasurer,  who 
sIt^lU  be  elected  for  two  years.  Their  powers,  duties  and  com- 
pensation shall  be  prescribed  by  law. 

Sec.  7.  Th.e  Legislature  shall  by  law  authorize  the  County 
Commissioners  of  the  several  counties,  where  it  is  deemed 
necessary  for  assessment  purposes,  to  divide  their  respective 
counties  into  taxation  districts,  and  to  appoint  in  and  for  each 
district  an  Assistant  Assessor  of  Taxes,  whose  powers,  duties 
and  compensation  shall  be  prescribed  by  law.  All  county 
officers,  except  Assistant  Assessors  of  Taxes,  shall,  before  enter- 
ing upon  the  duties  of  their  respective  offices,  be  commissioned 
by  the  C-overnor  :  but  no  such  commission  shall  issue  to  any 
such  officer  until  he  shall  have  filed  with  the  Secretary  of  State 
a  good  and  sufficient  bond  in  such  sum  and  upon  such  con- 
ditions as  the  Legislature  shall  by  law  prescribe,  approved  by 
the  County  Commissioners  of  the  county  in  which  such  officer 
resides,  and  by  the  Comptroller.  Xo  county  officer  shall 
become  security  upon  the  official  bond  of  any  other  county 
officer.  If  any  person  elected  or  appointed  to  any  county 
office  shall  fail  to  give  bond  and  qualify  within  sixty  days  after 
his  election,  the  said  office  shall  become  vacant 

Sec.  8.  The  Legislature  shall  have  power  to  establish  and  to 
abolish  municipalities,  to  provide  for  their  government,  to  pre- 
scribe their  jurisdiction  and  powers,  and  to  alter  or  amend  the 


612 


Bame  at  any  time.  When  any  municipality  shall  be  abolished, 
provision  shall  be  made  for  the  protection  of  its  creditors. 


ARTICLE  IX. 

TAX  ATI  0^^"  AND  FINANCE. 

Section  1.  The  Legislature  shall  provide  for  a  uniform  and 
equal  rate  of  taxation,  and  shall  prescribe  such  regulations  as 
shall  secure  a  just  valuation  of  all  property,  both  real  and  per- 
sonal, excepting  such  property  as  may  be  exempted  by  law  for 
municipal,  educational,  hterary,  scientific,  religious  or  charitable 
purposes. 

Sec.  2.  The  Legislature  shall  provide  for  raising  revenue 
sufiicient  to  defray  the  expenses  of  the  State  for  each  fiscal 
year,  and  also  a  sufficient  sum  to  pay  the  principal  and  interest 
of  the  existing  indebtedness  of  the  State. 

Sec.  3.  No  tax  shall  be  levied  except  in  pursuance  of  law. 

Sec.  4.  No  money  shall  be  drawn  from  the  Treasury  except 
in  pursuance  of  appropriations  made  by  law. 

Sec.  5.  The  Legislature  shall  authorize  the  several  counties 
and  incorporated  cities  or  towns  in  the  State  to  assess  and  im- 
pose taxes  for  county  and  municipal  purposes,  and  for  no 
other  purposes,  and  all  property  shall  be  taxed  upon  the  princi- 
ples established  for  State  taxation.  But  the  cities  and  incorpo- 
rated towns  shall  make  their  own  assessments  for  municipal  pur- 
poses upon  the  property  within  their  limits.  The  Legislature 
may  also  provide  for  levying  a  special  capitation  tax,  and  a  tax 
on  licenses.  But  the  capitation  tax  shall  not  exceed  one  dollar 
a  year  and  shall  be  applied  exclusively  to  common  school  pur- 
poses. 

Sec.  6.  The  Legislature  shall  have  power  to  provide  for 
issuing  State  bonds  only  for  the  purpose  of  repelling  invasion  or 
suppressing  insurrection,  or  for  the  purpose  of  redeeming  or  re- 
funding bonds  already  issued,  at  a  lower  rate  of  interest. 

Sec.  7.  No  tax  shall  be  levied  for  the  benefit  of  any  char- 
tered company  of  the  State,  nor  for  paying  interest  on  any 
bonds  issued  by  such  chartered  companies,  or  by  counties,  or 
by  corporations,  for  the  above-mentioned  purpose. 

Sec.  8.  No  person  or  corporation  shall  be  relieved  by  any 
court  from  the  payment  of  any  tax  that  may  be  illegal,  or 
illegally  or  irregularly  assessed,  until  he  or  it  shall  have  paid 
such  portion  ot  liis  or  its  taxes  as  may  be  legal,  and  legally 
and  regularly  assessed. 

Sec.  9.  There  shall  be  exempt  from  taxation  property  to  the 


613 


value  of  two  hundred  dollars  to  every  widow  that  has  a  family- 
dependent  on  her  for  support,  and  to  every  person  that  has  lost 
a  limb  or  been  disabled  in  war  or  by  misfortune. 

Sec.  10.  The  credit  of  the  State  shall  not  be  pledged  or 
loaned  to  any  individual,  company,  corporation  or  association ; 
nor  shall  the  State  become  a  joint  owner  or  stockholder  in  any 
company,  association  or  corporation.  The  Legislature  shall  not 
authorize  any  county,  city,  borough,  township  o'-  incorporated 
district  to  become  a  stockhohler  in  any  company,  association 
or  corporation,  or  to  obtain  or  appropriate  money  for,  or  to 
loan  its  credit  to,  any  corporation,  association,  institution  or  in- 
dividual. 


ARTICLE  X. 

HOMESTEAD  AXD  EXEMPTIONS. 

SectiojS"  1.  A  homestead  to  the  extent  of  one  hundred  and 
sixty  acres  of  land,  or  the  half  of  one  acre  within  the  limits  of 
any  incorporated  city  or  town,  owned  by  the  head  of  a  family 
residing  in  this  State,  together  with  one  thousand  dollars  wortii 
of  personal  property,  and  the  improvements  on  the  real  estate, 
shall  be  exempt  from  forced  sale  under  process  of  any  court, 
and  the  real  estate  shall  not  be  alienable  without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists.  But 
no  property  shall  be  exempt  from  sale  for  taxes  or  assessments, 
or  for  the  payment  of  obligations  contracted  for  the  purctiase 
of  said  property,  or  for  the  erection  or  repair  of  improvements 
on  the  real  estate  exempted,  or  for  house,  field  or  other  labor 
performed  on  the  same.  The  exemption  herein  provided  for  in 
a  city  or  town  shall  not  extend  to  more  improvements  or  build- 
ings than  the  residence  and  business  house  of  the  owner;  and 
no  judgment  or  decree  or  execution  shall  be  a  lien  upon  ex- 
empted property  except  as  provided  in  this  Article. 

Sec.  2.  The  exemptions  provided  for  in  section  one  shall 
inure  to  the  widow  and  heirs  of  the  party  entitled  to  such  ex- 
emption, and  shall  apply  to  all  debts,  except  as  specified  in 
said  section. 

Sec.  3.  The  exemptions  provided  for  in  the  Constitution  of 
this  State  adopted  in  1868  shall  apply  as  to  all  debts  contracted 
and  judgments  rendered  since  the  adoption  thereof  and  prior  to 
the  adoption  of  this  Constitution. 

Sec.  4.  Xothing  in  this  Article  shall  be  construed  to  prevent 
the  holder  of  a  homestead  from  alienating  his  or  her  homestead 
so  exempted  by  deed  or  mortgage  duly  executed  by  himself 


614 


or  herself,  and  by  husband  and  wife,  if  such  relation  exists ; 
nor  if  the  holder  be  without  children  to  prevent  him  or  her 
from  disposing  of  his  or  her  homestead  by  will  in  a  manner 
prescribed  by  law. 

Sec.  5.  No  homestead  provided  for  in  section  one  shall  be  re- 
duced in  area  on  account  of  its  being  subsequently  included 
within  the  limits  of  an  incorporated  city  or  town,  without  the 
consent  of  the  owner. 

Sec.  6.  The  Legislature  shall  enact  such  laws  as  may  be  nec- 
essary to  enforce  the  provisions  of  this  Article. 


^  ARTICLE  XL 

MAERIED  women's  PROPERTY. 

Section  1.  All  property,  real  and  personal,  of  a  wife  owned 
by  her  before  marriage,  or  lawfully  acquired  afterward  by  gii'ty 
devise,  bequest,  descent, or  purchase,  shall  be  her  separate  prop- 
erty, and  the  sa)ne  shall  not  be  liable  for  the  debts  of  her  hus- 
band without  her  consent  given  by  some  instrument  in  writing 
executed  according  to  the  law  respecting  conveyances  by  mar- 
ried women. 

Sec.  2.  A  married  woman's  separate  real  or  personal  property 
may  be  charged  in  equity  and  sold,  or  the  uses,  rents  and  profits 
thereof  sequestrated  for  the  purchase  money  thereof ;  or  for 
money  or  thing  due  upon  any  agreement  made  by  her  in  writ- 
ing for  the  benefit  of  her  separate  property  ;  or  for  the  price  of 
any  property  purchased  by  her,  or  for  labor  and  material  used 
with  her  knowledge  or  assent  in  the  construction  of  buildings, 
or  repairs,  or  improvements  upon  her  property,  or  for  agricul- 
tural or  other  labor  bestowed  thereon,  with  her  knowledge  and 
consent. 

Sec.  3.  The  Legislature  shall  enact  such  laws  as  shall  be  nec- 
essary to  carry  into  effect  this  Article. 


ARTICLE  XIL 

EDUCATION. 

Section  1.  The  Legislature  shall  provide  for  a  uniform  sys- 
tem of  public  free  schools,  and  shall  provide  for  the  liberal 
maintenance  pf  the  same. 

Sec.  2.  There  shall  be  a  Superintendent  of  Public  Instruc- 
tion, whose  duties  shall  be  prescribed  by  law,  and  whose  term 


615 


of  office  shall  be  four  years  and  until  the  election  and  qualifi- 
cation of  his  successor. 

Sec.  3.  The  Governor,  Secretary  of  State,  Attorney-General, 
State  Treasurer  and  State  Superintendent  of  Public  Instruc- 
tion shall  constitute  a  body  corporate,  to  be  known  as  the 
State  Board  of  Education  of  Florida,  of  which  the  Governor 
shall  be  President,  and  the  Superintendent  of  Public  Instruc- 
tion Secretary.  This  Board  shall  have  power  to  remove  any 
subordinate  school  officer  for  cause,  upon  notice  to  the  incum- 
bent; and  shall  have  the  management  and  investment  of  all 
State  School  Funds  under  such  regulations  as  may  be  pre- 
scribed by  law,  and  such  supervision  of  schools  of  higher 
grades  as  the  law  shall  provide. 

Sec.  4.  The  State  School  Fund,  the  interest  of  which  shall 
be  exclusively  applied  to  the  support  and  maintenance  of 
public  free  schools,  shall  be  derived  from  the  following 
sources : 

The  proceeds  of  all  lands  thaL  have  been  or  may  hereafter  be 
granted  to  the  State  by  the  United  States  for  public  school 
purposes. 

Donations  to  the  State  when  the  purpose  is  not  specified. 
Appropriations  by  the  State. 

The  proceeds  of  escheated  property  or  forfeitures. 

Twenty-five  per  cent,  of  the  sales  of  public  lands  which  are 
now  or  may  hereafter  be  owned  by  the  State. 

Sec.  5.  The  principal  of  the  State  School. Fund  shall  remain 
sacred  and  inviolate. 

Sec.  6.  A  special  tax  of  one  mill  on  the  dollar  of  all  taxable 
property  in  the  State,  in  addition  to  the  other  means  provided, 
shall  be  levied  and  apportioned  annually  for  the  support  and 
maintenance  of  public  free  schools. 

Sec.  7.  Provision  shall  be  made  by  law  for  the  distribution 
of  the  interest  on  the  State  School  Fund  and  the  special  tax 
among  the  several  counties  of  the  State  in  proportion  to  the 
number  of  children  residing  therein  between  the  ages  of  six 
and  twenty-one  years. 

Sec.  8.  Each  county  shall  be  required  to  assess  and  collect 
annually  for  the  support  of  public  free  schools  therein,  a  tax 
of  not  less  than  three  mills  nor  more  thao  five  mills  on  the 
dollar  of  all  taxable  property  in  the  same. 

Sec.  9.  The  County  School  Fund  shall  consist,  in  addition  to 
the  tax  provided  for  in  section  eight  of  this  Article,  of  the 
proportion  of  the  interest  of  the  State  School  Fund  and  of  the 
one  mill  State  tax  apportioned  to  the  county  ;  the  net  proceeds 
of  all  fines  collected  under  the  penal  laws  of  the  State  within 
the  county ;  all  capitation  taxes  collected  within  the  county  ; 


616 


and  shall  be  disbursed  by  the  County  Board  of  Public  In- 
struction solely  for  the  maintenance  and  support  of  public  free 
schools. 

Sec.  10.  The  Legislature  may  provide  for  the  division  of  any 
county  or  counties  into  convenient  school  districts;  and  for 
the  election  biennially  of  three  school  trustees,  who  shall  hold 
their  office  for  two  years,  and  who  shall  have  the  supervision  of 
all  the  schools  within  the  district ;  and  for  the  levying  and  col- 
lection of  a  district  school  tax,  for  the  exclusive  use  of  public 
free  schools  witfiin  the  district,  whenever  a  majority  of  the 
qualified  electors  thereof  that  pay  a  tax  on  real,  or  personal 
property  shall  vote  in  favor  of  such  levy  ;  Provided^  That  any 
tax  authorized  by  this  section  shall  not  exceed  three  mills  on 
the  dollar  in  any  one  year  on  the  taxable  property  of  the  dis- 
trict. 

Sec.  11.  Any  incorporated  town  or  city  may  constitute  a 
School  District.  The  fund  raised  by  section  ten  may  be  ex- 
pended in  the  district  where  levied  for  building  or  repairing 
school  houses,  for  the  purchase  of  school  libraries  and  text- 
books, for  salaries  of  teachers,  or  for  other  educational  purposes, 
so  that  the  distribution  among  all  the  schools  of  the  district 
be  equitable. 

Sec.  12.  White  and  colored  children  shall  not  be  taught  in 
the  same  school,  but  impartial  provision  shall  be  made  for 
both. 

Sec.  13.  No  law  shall  be  enacted  authorizing  the  diversion  or 
the  lending  of  any  County  or  District  School  Funds,  or  the 
appropriation  of  any  part  of  the  permanent  or  available  school 
fund  to  any  other  than  school  purposes  ;  nor  shall  the  same,  or 
any  part  thereof,  be  appropriated  to  or  used  for  the  support  of 
any  sectarian  school.' 

Sec.  14.  The  Legislature  at  its  first  session  shall  provide 
for  the  establishment,  maintenance  and  management  of  such 
Normal  Schools,  not  to  exceed  two,  as  the  interests  of  public 
education  may  demand. 

Sec.  15.  The  compensation  of  all  county  school  officers  shall 
be  paid  from  the  school  fund  of  their  respective  counties,  and 
all  other  county  officers  receiving  stated  salaries  shall  be  paid 
from  the  general  funds  of  their  respective  counties. 


ARTICLE  XIIL 

PUBLIC  INSTITUTIOJS'S. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind 
and  deaf,  and  such  other  benevolent  institutions  as  the  public 


617 


good  may  recjuire,  sliall  be  ios:ered  and  siipponedby  the  State, 
iiibject  to  sucii  regnlatioiis  as  may  be  prescribed  by  law. 

Sec.  2.  A  State  Prison  shall  be  established  and'  maintained 
in  such  manner  as  may  be  prescribed  by  law.  Provision  may 
be  made  by  law  for  the  establishment  and  maintenance  of  a  house 
of  refuge  for  javenile  odenders  ;  and  the  Legislature  shall  have 
power  to  establish  a  home  and  work-house  for  common  va- 
grants. 

Sec.  3.  The  respective  counties  of  the  State  shall  provide  in 
the  manner  prescribed  by  law  for  those  of  the  inhabitants  that, 
by  reason  of  age.  infirmity  or  misfortune,  may  have  claims 
tipon  the  aid  and  sympathy  of  society. 

Sec.  4.  The  first  Legislature  that  convenes  after  the  adoption 
of  this  Constitution  shall  enact  the  necessary  laws  to  carrv  into 
efi'ect  the  provisions  of  this  Article. 


ARTICLE  XIV. 
AiiriTiA. 

SEimox  1.  All  able-bodied  male  inhabitants  of  the  State,  be- 
tween the  ages  of  eighteen  and  forty-five  years,  that  are  citi- 
zens of  the  United  States,  or  have  declared  their  intention  to 
become  citizens  thereof,  shall  constitute  the  militia  of  the 
State  :  but  no  male  citizen  of  whatever  religious  creed  or  opin- 
ion shall  be  exempt  from  military  duty  except  upon  such  con- 
ditions as  may  be  prescribed  by  law. 

Sec.  2.  The  Legislature  may  provide  by  law  for  organizing 
and  disciplining  the  Militia  of  the  Stare,  for  the  encouragement 
of  volunteer  corps,  the  safe  keeping  of  the  public  arms,  and  for 
a  guard  for  the  State  Prison. 

Sec.  3.  The  Governor,  by  and  with  the  consent  of  the  Sen- 
ate, shall  appoint  two  Major-Generals  and  four  Brigadier-Gen- 
erals of  Militia.  They  shall  take  rank  according  to  the  dates 
of  their  commissions.  The  officers  and  soldiers  of  the  State 
Militia,  when  uniformed,  shall  wear  the  uniform  prescribed  for 
the  United  States  Army :  F/^ovided,  That  volnnteer  companies 
may  select  their  own  uniforms. 

Sec.  4.  The  Governor  shall  have  power  to  call  out  the  Militia 
to  preserve  the  public  peace,  to  execute  the  laws  of  the  State, 
to  suppress  insurrrction,  or  to  reoel  invasion. 


ARTICLE  XV. 

PUBLIC  HEALTH. 

Sectio>'  1.  The  Legislature  shall  establish  a  Scate  Board  of 


618 


Health  and  also  County  Boards  of  Health  in  all  counties 
where  H  may  be  necessary. 

Sec.  2.  The  Staie  Board  of  Health  shall  have  supervision  of 
all  matters  relating  to  public  health,  with  such  duties,  powers 
and  responsibilities  as  may  be  prescribed  by  law. 

Sec.  3.  The  County  Boards  of  Health  shall  have  such  pow- 
ers and  be  under  the  supervision  of  the  State  Board  to  such 
extent  as  the  Legislature  may  prescribe. 


ARTICLE  XVL  ' 

MISCELLANEOUS  PROVISIONS. 

Section  1.  The  Seat  of  Government  shall  be  at  the  City  of 
Tallahassee,  in  the  county  of  Leon. 

Sec.  2.  Each  and  every  officer  of  this  State,  including  the 
members  of  the  Legislature,  shall  before  entering  upon  the 
discharge  of  his  official  duties  take  the  following  oath  of  office  : 
I  do  solemnly  swear  [or  affirm]  that  I  will  support,  protect, 
and  defend  the  Constitution  and  Government  of  the  United 
States  and  of  the  State  of  Florida  ;  that  I  am  duly  qualified 
to  hold  office  under  the  Constitution  of  the  State,  and  that  I 

will  well  and  faithfully  perform  the  duties  of   on 

which  I  am  now  about  to  enter.    So  help  me  God. 

Sec.  3.  The  salary  of  each  officer  shall  be  payable  quarterly 
upon  his  own  requisition. 

Sec.  4.  All  county  officers  shall  hold  their  respective  offices, 
and  keep  their  official  books  and  records,  at  the  county  seats 
of  their  counties;  and  the  Clerk  and  Sheriff  shall  either  reside 
or  have  a  sworn  deputy  within  two  miles  of  the  county  seat. 

Sec.  5.  The  Legislature  may  provide  for  the  donation  of  the 
public  lands  to  actual  settlers,  but  such  donation  shall  not  ex- 
ceed eighty  acres  to  any  one  person. 

Sec.  6.  The  Legislature  shall  provide  for  the  speedy  publi- 
cation and  distribution  of  all  laws  it  may  enact.  All  de- 
cisions of  the  Supreme  Court  and  all  laws  and  judicial  de- 
cisions shall  be  free  for  publication  by  any  person.  Bat  no 
judgment  of  the  Supreme  Court  shall  take  effect  until  the 
opinion  of  the  Court  in  such  case  shall  be  filed  with  the  Clerk 
of  said  Court. 

Sec.  7.  The  Legislature  shall  not  create  any  office,  the  term 
of  which  shall  be  longer  than  four  years. 

Sec.  8.  A  plurality  of  votes  given  at  an  election  of  officers 
shall  constitute  a  choice  when  not  otherwise  provided  by  this 
Constitution. 


619 


Sec.  9.  In  all  criminal  cases  prosecuted  in  the  name  of  the 
State,  where  the  defendant  is  insolvent  or  discharged,  the  State 
shall  pay  the  legal  costs  and  expenses,  including  the  fees  of 
officers,  under  such  regulations  as  shall  he  prescribed  by  law. 

Sec.  10.  The  Gorernor,  Supreme  Court  and  all  the  adminis- 
trative officers  of  the  Executive  Department  shall  keep  their 
offices  at  the  Seat  of  Government.  But  in  case  of  invasion  or 
violent  epidemics  the  Governor  may  direct  that  the  offices  of 
the  Government  be  removed  temporarily  to  some  other  place. 
The  sessions  of  the  Legislature  may  be  adjourned  for  the  same 
cause  to  some  other  place,  but  in  case  of  such  removal  all 
the  Departments  of  the  Government  shall  be  removed  to  one 
place.  But  such  remo;'al  shall'  not  continue  longer  than  the 
necessity  for  the  same  shall  continue. 

Sec.  11.  Xo  extra  compensation  shall  be  made  to  any  offi- 
cer, agent,  employe,  or  contractor  alter  the  service  shall  have 
been  rendered,  or  the  contract  made  ;  nor  shall  any  money  be 
appropriated  or  paid  on  any  claim,  the  subject  matter  of 
which  shall  not  have  been  provided  for  by  pre-existing  laws, 
unless  such  compensation  or  claim  be  allowed  by  bill  passed 
by  two-thirds  of  the  members  elected  to  each  house  of  the 
Legislature. 

Sec.  12.  The  present  Seal  of  tlie  State  shall  be  and  remain 
the  Seal  of  the  State  ot  Florida  ;  and  the  present  State  Em- 
blem shall  be  and  remain  the  Emblem  of  the  State  of  Florida. 

Sec.  13.  The  sureties  upon  the  official  bonds  of  all  the  State 
officers  shall  be  residents  of,  and  have  sufficient  visible  pro- 
perty unencumbered  within  the  State,  not  exempt  from  sale 
under  legal  process,  to  make  good  their  bonds  ;  and  the  sure- 
ties upon  the  official  bonds  of  all  county  officers  shall  reside 
within  the  counties  where  such  county  officers  reside,  and  have 
sufficient  visible  property  therein  unencumbered  and  not  ex- 
empt from  sale  under  legal  process  to  make  good  their  bonds. 

Sec.  14.  All  State,  County  and  ^lunicipal  officers  shall  con- 
tinue in  office  after  the  expiration  of  their  official  terms  until 
their  successors  are  duly  qualified. 

Sec.  15.  Xo  person  holding  or  exercising  the  functions  of  any 
office  under  any  foreign  Government,  under  the  Government  of 
the  L^nited  States,  or  under  any  other  State,  shail  hold  any 
office  of  honor  or  profit  under  the  government  of  this  State  ; 
and  no  person  shall  hold,  or  perform  the  functions  of,  more 
than  one  office  under  the  government  of  this  State  at  the  same 
time ;  JProvided^  Xotaries  Public,  militia  officers,  county  school 
officers  and  Commissioners  of  Deeds  may  be  elected  or  ap- 
pointed to  fill  any  legislative,  executive  or  judicial  office. 

Sec.  1G.  The  property  of  all  corporations,  except  the  proper- 


620 


ty  of  a  corporation  which  shall  construct  a  ship  or  barge 
canal  across  the  peninsula  of  Florida,  if  the  Legislature  should 
so  enact,  whether  heretofore  or  hereafter  incorporated,  shall 
be  subject  to  taxation  unless  such  property  be  held  and  used 
exclusively  for  religious,  scientific,  municipal,  educational, 
literary  or  charitable  purposes. 

Sec.  lY.  No  person  shall  hold  any  office  of  tr;/st  or  profit 
under  the  laws  of  this  State  without  devoting  his  personal 
attention  to  the  duties  of  the  same. 

Sec.  18.  The  Legislature  shall  provide  for  deductions  from 
the  salaries  of  public  officers  who  neglect  the  performance  of 
any  duty  assigned  them  by  law. 

Sec.  19.  'No  Convention  nor  Legislature  of  this  State  shall 
act  upon  any  amendment  of  the  Constitution  of  the  United 
States  proposed  by  Congress  to  the  several  States,  unless  such 
Convention  or  Legislature  shall  have  been  elected  after  such 
amendment  is  submitted. 

Sec.  20.  The  Governor  and  every  State  officer  are  hereby 
prohibited  from  giving  certificates  of  election  or  other  creden- 
tials to  any  person  as  having  been  elected  to  the  House  of  Rep- 
resentatives of  the  United  States  Congress,  or  the  United  States 
Senate,  who  has  not  been  five  years  a  citizen  of  the  State  and 
ten  years  a  citizen  of  the  United  States,  and  a  qnalified  voter. 

Sec.  21.  Deeds  and  mortgages  which  have  been  proved  for 
record  and  recorded  according  to  lavt^,  shall  be  taken  as  ji:>nma 
facie  evidence  in  the  courts  of  this  State  without  requiring  proof 
of  the  execution.  A  certified  copy  of  the  record  of  any  deed 
or  mortgage  that  has  been  or  shall  be  duly  recorded  according 
to  law  shall  be  admitted  as  'prima  facie  evidence  thereof,  and 
of  its  due  execution  with  like  effect  as  the  original  duly  proved  ; 
Provided^  It  be  made  to  appear  that  the  original  is  not  within 
the  custod}^  or  control  of  the  party  ofiering  such  copy. 

Sec.  22.  The  Legislature  shall  provide  for  giving  to  me- 
chanics and  laborers  an  adequate  lien  on  the  subject  matter  of 
their  labor. 

Sec.  23.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in  time  of  war 
except  in  the  manner  prescribed  by  law. 

Sec.  24.  All  marriages  between  a  white  person  and  a  negro, 
or  between  a  white  person  and  a  person  of  negro  descent  to  the 
fourth  generation,  inclusive,  are  hereby  forever  prohibited. 

Sec.  26.  The  term  felony,  whenever  it  may  occur  in  this  Con- 
stitution or  in  the  laws  of  the  State,  shall  be  construed  to  mean 
any  criminal  offence  punishable  with  death  or  imi^risonment  in 
the  State  Penitentiary. 

Sec.  26.  The  Legislature  may  make  provision  for  the  proper 


621 


adjustment  and  settlement  of  the  claim  of  the  citizens  of  Ocala 
against  the  State  for  certain  aid  given  by  the  town  of  Ocala 
for  the  establishment  of  the  East  Florida  Seminary  in  1852, 
and  conditional  upon  its  location  at  the  said  town. 

Sec  27.  The  Legislature  shall  appropriate  r,t  least  five  hun- 
dred dollars  each  year  for  the  purchase  of  such  books  for  the 
Supreme  Court  Library  as  the  Court  may  direct. 

Sec.  28.  The  Legislature  may  provide  for  the  drainage  of  the 
land  of  one  person  over  or  through  that  of  another,  upon  just 
compensation  therefor  to  the  owner  of  the  land  over  which 
such  drainage  is  had. 

Sec.  29.  No  private  property  nor  right  of  way  shall  be  ap- 
propriated to  the  use  of  any  corporation  or  individual  until  full 
compensation  therefor  shall  be  first  made  to  the  owner,  or  first 
secured  to  him  by  deposit  of  money  ;  which  compensation,  irre- 
spective of  any  benefit  from  any  improvement  proposed  by  such 
corporation  or  individual,  shall  be  ascertained  by  a  jury  of 
twelve  men  in  a  court  of  competent  jurisdiction,  as  shall  be  pre- 
scribed by  law. 

Sec.  30.  The  Legislature  is  invested  with  full  power  to  pass 
laws  for  the  correction  of  abuses  and  to  prevent  unjust  discrimi- 
nation and  excessive  charges  by  persons  and  corporations  en- 
gaged as  common  carriers  in  transporting  persons  and  property, 
or  performing  other  services  of  a  public  nature  ;  and  shall  pro- 
vide for  enforcing  such  laws  by  adequate  penalties  or  forfeit- 
ures. 

Sec.  31.  No  railroad  or  other  transportation  company  or 
common  carrier  in  this  State  shall  grant  a  free  pass,  or  dis- 
count the  fare  paid  by  the  public  generally,  to  any  member 
of  the  Legislature,  or  to  any  salaried  officer  of  this  State,  and 
the  Legislature  shall  prohibit  the  granting  or  receiving  such 
free  pass,  or  fare  at  a  discount,  by  suitable  penalties. 


ARTICLE  XYII. 
amendments. 

Section  1.  Either  branch  of  the  Legislature,  at  a  regular 
session  thereof,  may  propose  amendments  to  this  Constitution  ; 
and  if  the  same  be  ao-reed  to  by  three-fifths  of  all  the  members 
elected  to  each  House,  such  proposed  amendments  shall  be  en- 
tered upon  their  respective  Journals  with  the  yeas  and  nays, 
and  published  in  one  newspaper  in  each  county  where  a  news- 
paper is  published,  for  three  months  immediately  preceding 
the  next  general  election  of  Representatives,  at  which  election 


622 


the  same  shall  be  submitted  to  the  electors  of  the  Sta<^e,  for  ap- 
proval or  rejection.  If  a  majority  of  the  electors  voting  upon 
the  amendments  at  suck  election  shall  adopt  the  amendments, 
the  same  shall  become  a  part  of  the  Constitution.  The  pro- 
posed amendments  shall  be  so  submitted  as  to  enable  the  elec- 
tors to  vote  on  each  amendment  separately. 

Sec.  2.  If  at  any  time  the  Legislature,  by  a  vote  of  two-thirds 
of  all  the  members  ol  both  Houses,  shall  v;ietermine  that  a  re- 
vision of  this  Constitution  is  necessary,  such  determination  shall 
be  entered  upon  their  respective  Journals,  with  the  yeas  and 
nays  thereon.  Xotice  of  said  action  shall  be  published  weekly 
in  one  newspaper  in  every  county  in  which  a  newspaper  is 
published,  for  three  mouths  preceding  the  next  general  election 
of  Representatives,  and  in  those  counties  where  no  newspaper 
is  published,  notice  shall  be  given  by  posting  at  the  several 
polling  precincts  in  such  counties  for  six  weeks  next  preceding 
said  election.  The  electors  at  said  election  may  vote  lor  or 
against  the  revision  in  question.  If  a  majority  of  the  electors 
so  voting  be  in  favor  of  revision,  the  Legislature  chosen  at 
such  election  shall  provide  by  law  for  a  Convention  to  revise 
the  Constitution,  said  Convention  to  be  held  within  six  months 
after  the  passage  of  such  law.  The  Convention  shall  consist  of 
a  number  equal  to  the  membership  of  the  House  of  Representa- 
tives, and  shall  be  apportioned  among  the  several  counties  in 
the  same  manner  as  members  of  said  House. 


ARTICLE  XYIIL 

SCHEDULE. 

Section  1.  The  Constitution  adopted  A.  D.  1868,  with  amend- 
ments thereto,  is  declared  to  be  superceded  by  this  Constitu- 
tion :  But  all  rights,  actions,  claims  and  contracts,  both  as 
respects  individuals  and  bodies  corporate,  shall  continue  to  be 
as  valid  as  if  this  Constitution  had  not  been  adopted.  And  all 
fines,  taxes,  penalties  and  forfeitures  due  and  owing  to  the 
State  of  Florida  under  the  Constitution  of  1868,  shall  inure  to 
the  use  of  the  State  under  this  Constitution. 

Sec.  2.  All  laws  now  in  force  not  inconsistent  with  this  Con- 
stitution shall  continue  in  force  until  they  shall  expire  by  their 
own  limitation,  or  be  repealed  b}^  the  Legislature, 

Sec.  All  persons  holding  any  office  or  appointment  at  the 
ratification  of  this  Constitution  shall  continue  in  the  exercise  of 
the  duties  thereof,  according  to  their  respective  commissions  or 


623 


appointments,  and  until  their  snccesaors  are  duly  qualified, 
unless  by  this  Constitution  otherwise  provided. 

Sec.  4.  Xothing  contained  in  this  Constitution  shall  operate 
to  vacate  the  office  of  Lieutenant- G-overnor  until  the  expiration 
of  his  present  term. 

Sec,  5.  Ail  vacancies  occurring  by  limitation  of  terms  be- 
fore the  general  election  in  ISSS  shall  be  filled  as  provided  for 
by  law  under  the  Constitution  of  1868. 

Sec.  6.  The  term  of  office  for  all  appointees  to  fill  vacancies 
in  any  of  the  elective  offices  under  this  Constitution,  shall  ex 
tend  only  to  the  election  and  qualification  of  a  successor  at 
the  ensuing  general  election. 

Sec.  7.  In  all  cases  of  elections  to  fill  vacancies  in  omce  such 
election  shall  be  for  the  unexpired  term. 

Sec,  8.  Upon  the  ratification  of  this  Constituiion  the  Commis- 
sioner of  Lands  and  Immigration  shall  assume  the  office  of  Com-  • 
missioner  of  Agriculture,  and  his  duties  as  such  shall  be  pre- 
scribed by  the  first  Legislature  assembled  under  this  Constitu- 
tion. 

Szc.  9.  A  o-eneral  election  sbali  be  held  in  each  county  in  this 
State  on  the  first  Tuesday  after  the  first  Monday  in  Xovember, 
A.  D.  1S8S,  and  every  two  years  thereafter,  for  all  elective  State 
and  county  officers  whose  terms  of  office  are  about  to  expire, 
or  for  any  office  that  shall  have  become  vacant. 

Sec.  10.  The  first  election  for  County  Judge,  Clerk  of  the 
Circuit  Court,  Sherifi",  Tax  Assessor,  Tax  Collector,  County 
Treasurer,  County  Superintendent  of  Public  Instructionj 
County  Sarvey^r,  Justices  of  the  Peace,  Constables  and  all 
other  electivt  County  Officers  shall  be  at  the  general  election 
in  1888. 

Sec.  11.  It  shall  be  the  duty  of  the  President  of  this  Con- 
vention immediately  on  its  adjournment  to  certify  to  the  Gov- 
ernor a  copy  of  this  Constitution. 

Sec.  12.  Upon  receipt  of  such  certified  copy  the  Governor 
shall  forthwith  announce  the  fact  by  proclamation,  to  be  pub- 
lished ill  such  newspapers  in  this  State  as  may  be  deemed 
requisite  for  general  information,  and  five  printed  copies  of 
such  Constitution  shall  be  transniitted  by  the  Secretary  of 
State  to  the  Clerk  of  the  Circuit  Court,  and  five  to  the  County 
Judge  of  each  county,  which  shall  be  kept  on  file  in  their  re- 
spective offices  for  examination  by  any  person  desiring  the 
same. 

Sec.  13.  Ail  Courts  as  now  organized  and  constituted  shall 
continue  with  their  jurisdiction  until  the  Legislature  shall 
conform  to  the  requirements  of  this  Constitution  the  juris- 
diction of  such  Courts  as,  under  this  Constitution,  are  to  exer- 


624 


cise  in  whole  or  in  part  the  jurisdiction  of  Courts  now  organ- 
ized. 

Sec.  14.  The  terms  of  office  of  all  County  Officers,  unless 
otherwise  provided,  shall  commence  on  the  first  Tuesday  after 
thefirst  Monday  in  January  next  after  their  election. 


ARTICLE  XIX. 

LOCAL  OPTION. 

Section  1.  The  Board  of  County  Commissioners  of  each 
county  in  the  State,  not  oftener  than  once  in  every  two  years^ 
upon  the  application  of  one-fourth  of  the  res^istered  voters 
of  any  county,  shall  call  and  provide  for  an  election  in  the 
county  in  which  application  is  made,  to  decide  whether  the  sale 
of  intoxicating  liquors,  wines  or  beer  shall  be  prohibited 
therein,  the  question  to  be  determined  by  a  majority  vote  of 
those  voting  at  the  election  called  imder  this  section,  which 
election  shall  be  conducted  in  the  manner  prescribed  by  law 
for  holding  general  elections ;  Provided^  That  intoxicating 
liquors,  either  spirituous,  vinous,  or  malt,  shall  not  be  sold  in 
any  election  district  in  which  a  majority  vote  was  cast  against 
the  same  at  the  said  election,  l^lections  under  this  section 
shall  be  held  within  sixty  days  from  the  time  of  presenting 
said  application, but  if  any  such  election  should  thereby  take 
place  within  sixty  days  of  any  State  or  National  election,  it 
shall  be  held  within  sixty  days  after  any  such  State  or  Na- 
tional election. 

Sec.  2.  The  Legislature  shall  provide  necessary  laws  to  carry 
out  and  enforce  the  provisions  of  section  one  of  this  Article. 

 -'^•^  

ORDINANCES. 


ORDINANCE  NO.  L 

Section  1.  This  Constitution  shall  be  submitted  to  the  peo- 
ple of  the  State  of  Florida  for  ratification  on  the  first  Tues- 
day after  the  first  Monday  in  November,  A.  D.  1886,  and  it 
shall  require  a  majority  of  the  votes  cast  upon  the  question 
to  determine  its  ratification  or  rejection. 

Sec.  2.  At  such  election  each  qualified  elector  shall  express 


625 


his  assent  or  dissent,  by  having  written  or  printed  upon  the 
ticket  which  he  shall  vote  the  words,  "For  the  Constitution," 
or  "Against  the  Constitution;"  such  election  being  subject 
to  the  same  regulations  and  restrictions  as  are  now  prescribed 
by  law.  And  in  case  of  its  ratification  by  the  people,  the 
Governor  shall  forthwith  cause  proclamation  to  be  made  of 
the  fact,  and  ii  shall  go  into  effect  on  the  first  dav  of  Jan- 
uary, A.  D.  1887. 


ORDINANCE  NO.  2. 

Sectiox  1.  Article  XIX  shall  be  submitted  to  the  people, 
when  the  Constitution  is  submitted  lor  ratification,  to  become 
a  part  of  the  Constitution,  if  adopted  by  a  majority  of  the 
votes  cast  upon  the  question,  and  the  ballots  of  those  voting 
on  this  Article  shall  have  written  or  printed  on  them  the 
words,  "For  Article  XIX,"  or  "  Against  Article  XIX." 


ORDINANCE  NO.  3. 

Be  it  Ordained  by  the  People  of  Florida^  Represented  in  Con- 
stitutional Convention  : 

kSECTiox  1.  The  pay  of  the  members  of  this  Constitutional 
Convention  shall  be  a  per  diem  for  attendance  of  six  ($6.00) 
dollars  a  day  in  addition  to  mileage  of  ten  cents  a  mile,  each 
way,  from  their  places  of  residence  to  the  Capital  and  return, 
estimated  by  the  shortest  thoroughfare. 

Sec.  2.  The  pay  of  the  Secretary  and  Assistant  Secretary  of 
the  Convention  and  all  the  Clerks  elected  by  the  Convention 
shall  be  six  (86.00)  dollars  per  diem  eacn,  allowing  the  Secre- 
tary and  Assistant  Secretary  one  day  after  adjournment  to  com- 
plete unfinished  business  ;  all  Committee  Clerks  shall  receive 
five  ($5.00)  dollars  per  diem  for  the  number  of  days  certified 
by  the  Chairman  of  the  Committee;  the  pay  of  the  Sergeant-at- 
Arms  shall  be  six  (16.00)  dollars  per  diem,  and  the  Assistant 
Sergeant-at-Arms  shall  be  five  ($5.00)  dollars  per  diem;  the 
pay  of  the  Messengers  of  the  Convention  shall  be  four  ($4.00) 
dollars  per  diem  each ;  the  pay  of  the  Door-Keeper  shall  be  five 
($5.00)  dollars  per  diem;  the  pay  of  Pages  shall  be  three  ($3,00) 
dollars  per  diem  each  ;  the  pay  of  the  Janitor  shall  be  two 
($2.00)  dollars  per  diem ;  the  pay  of  the  Chaplain  shall  be  one 
hundred  dollars.  The  Recording  Clerk  shall  complete  his  work 
after  the  adjournment  of  the  Convention,  under  the  supervision 
of  the  Secretary  of  State,  and  shall  be  paid  for  the  same  fifty 
40 


626 


dollars  when  his  work  is  completed.  Eighteen  dollars  shall  be 
paid  W.  R.  Carter  for  services  as  Assistant  Secretary  for  three 
days.  Messrs.  .  Dorr  &  Bowen  shall  be  paid  for  printing  the 
amount  approved  by  the  Committee  on  Printing,  certified  by  the 
President  and  Secretary  of  the  Convention. 

Sec.  3.  The  Comptroller  is  required  to  draw  his  warrant  on 
the  Treasurer  in  favor  oi  the  officers  and  employees  of  this  Con- 
vention for  the  full  amount  allowed  them  by  section  two,  and  to 
each  delegate  of  this  Convention  for  his  pro  rata  share  of  the 
amount  appropriated  by  the  Legislature,  after  deducting  from 
«aid  amount  the  amount  due  said  employees  and  all  other  ex- 
penses, including  mileage  of  members,  incurred  by  this  Conven- 
tion. 

Sec.  4.  The  President  is  authorized  on  behalf  of  this  Conven- 
tion to  issue  certificates  signed  by  himself  and  countersigned 
"by  the  Secretary,  to  each  of  the  members,  payable  to  himself 
or  his  order,  bearing  interest  at  the  rate  of  eight  per  cent,  per 
annum  from  date,  for  the  amount  remaining  due  on  account  of  the 
deficiency  of  the  Legislative  appropriation  for  expenses  of  this 
Convention. 

Sec.  5.  The  Legislature  shall  make  an  appropriation  at  its 
next  session  to  pay  said  certificates. 

Sec.  6.  i?e  it  further  ordahied^  That  the  Secretary  of  this 
Convention  be  and  he  is  hereby  authorized  to  audit  the  accounts 
of  the  members  and  all  other  expenses. 


Done  in  open  Convention,  at  Tallahassee,  this  3d  day  of 
August,  A.  D.  eighteen  hundred  and  eighty-five,  and  of  the 
independence  of  the  United  States  the  one  hundredth  and 
tenth  year. 

S.  PASCO,  President. 


J.  E.  Yonge,  First 
Wm.  H.  Reynolds, 
W.  M.  Bennett, 
James  R.  Challen, 
Norman  T.  Scott, 
Wm.  A.  Blount, 
A.  E.  Maxwell, 
E.  M.  Randall, 
A.  L.  McCaskill, 
W.  H.  Milton, 
W.  L.  Hunter, 
Obadiah  Edge, 


Vice-President. 
Secretary  Convention. 

A.  D.  McKinnon, 

J.  P.  B.  Goodbread, 

B.  D.  Wadsworth, 
Joseph  H.  Humphries, 
Theodore  Randell, 

B.  F.  Oliveros, 
F.  B.  Genovar, 
T.  F.  Swearingen, 
S.  B.  Conover, 
M. M.  Blackburn, 


627 


J.  G.  Speer, 
R.  F.  Taylor, 
John  Westcott, 
L.  W.  Bethel, 
King  Wylly, 
William  B.  Randolph, 
Jeremiah  Fogarty, 
E.  C.  Love, 
John  Crews  Pelot, 
John  C.  Richard, 
Joseph  M.  Tolbert, 
Lewis  Wilson, 
Wash  M.  Ives, 
James  F.  McClellan, 
J.  E.  Yonge, 
George  1.  Davis, 
W.  T.  Orman, 
Wm.  F.  Th  )mpson, 
Hugh  E.  Miller, 
Wm.  R.  Bash, 
Robt.  F.  Rogers, 
Henry  C.  Hicks, 
Jas.  Wood  Davidson, 
William  T.  Weeks, 
E.  J.  Lutterloh, 
J.  R.  Herndon, 
Wallace  B,  Carr, 
J.  M.  Land  rum, 
B.  J.  Earle, 
Irving  Gillis, 
Geo.  P.  Fowler, 
Jeff  Alexis  Hendley, 
W.  H.  Cook, 
John  W.  Tompkins, 
Thos.  E.  Clarke, 
Llannibal  Rowe, 
Robert  Robinson, 
John  B.  Johnston, 


Wm.  X.  Sheats, 
Jas.  P.  Coker, 
C.  C.  Wilson, 
John  Neel, 
W.  H.  Hausman, 
Phillip  Walter, 
Jas.  B.  Stone, 
Alexander  Bell, 
Syd.  L.  Carter, 
John  W.  Maione, 
S.  J.  Turnbull, 
Wallace  S.  Jones, 
R.  C.  Parkhill, 
Thos.  Y.  Gibbs, 
E.  C.  F.  Sanchez, 
E.  L.  Odom, 
H.  C.  Baker, 
J.  P.  Morgan, 
W.  F.  Green, 
Angus  Paterson, 
John  D.  Broome, 
Henry  W.  Chandler, 
J.  D.  Goss, 
Thos.  K  Bell, 
Chas.  W.  Lewis, 
H.  L.  Parker, 
Paul  Hatch, 
W.  B.  Tedder, 
Robert  Henderson. 
L.  D.  Carson, 
A.  L.  Wellman,^ 
Jno.  Parsons,, 
A,  S.  Mann, 
Alex  Zipperer,. 
H.  H.  Duncan, 
T.  L.  Clarke, 
John  F.  Marshall, 
W.  A.  Hocker. 


LIST  OF  DELEGATES 


-TO  THE- 


Constitutional  Convention 

OF  1885. 
WITH  THEIR  POST-OFFICE  ADDRESS. 


SAMUEL  PASCO,  President. 

H.  C.  BAKER  

ALEX.  BELL  

THOMAS  X.  BELL  

WM.  M.  BENXETT  

L.  W.  BETHEL  

M.  M.  BLACKBURX  

WM.  A.  BLOUXT  

JOHX  D.  BROOME  

WM.  R.  BUSH  

DAXIEL  CAMPBELL  

SYD.  L.  CARTER  

W.  B.  CARR  

L.  D.  CARSOX  

JAS.  R.  CHALLEX  

H.  W.  CHAXDLER  

THOS.  L.  CLARKE  

THOS.  E.  CLARK  

J.  P.  COKER  

&.  B.  COXOYER  

W.  H.  COOK  

J.  W.  DAYIDSOX  

G.  L  DAYIS  

H.  H.  DUXCAX  

B.  J.  EARLE  

OBADIAH  EDGE  

JEREMIAH  FOGARTY  

G.  P.  FOWLER  

F.  B.  GEXOYAR  


POST-OFFICE. 


COUNTY. 


Mouticello. . . . 
Fernandina. . . 

St.  Lucie  

Jasper  

Helena  

Key  West  

Live  Oak  

Pensacola.  

DeLand  

Lake  City  

Eucheeanna.. . 

Bronson  

Tallahassee  

Bristol  

Jacksonville  . . 

Ocala  

Monticello  

Campbellton. . 

Marianna  

Tallahassee  . . . 

Pomona  

Lake  Worth.. . 
Mt.  Pleasant. . 

Yalaha  

Waldo  

Crestview  . . . . 

Key  West  

Palatka  

St.  Augustine. 


Jefferson , . 
Xassau  . . . 
Brevard.. . 
Hamilton.. 
Sumter  . . 
Monroe. . . 
Suwannee, 
Escambia.. 
Yolusia. . . 
.Columbia.. 
; Walton.  . . 
Levy... . . . 

I  Leon  

Liberty... . 

Duval  

Marion  . . . 
Jefferson... 
Jackson.. . 
Jackson.. . 

Leon  

Putnam.. . 

Dade  

Gadsden. . 
'Sumter . . . 
Alachua... 
i Walton... . 
! Monroe. . . 
Putnam.. . 
iSt.  Johns. 


630 


NAME. 


T.  V.  GIBBS  

IRVING  GILLIS  

J.  P.  B.  GOODBKEAD... 

J.  D.  GOSS  

J.  C.  GREELEY  

W.  P.  GREEN  

AMOS  HARGRET  

PAUL  HATCH  

WM.  H.  HAUSMAN  

J.  A.  HENDLEY  

ROBERT  HENDERSON. 
JOHN  R.  HERNDON.... 

H.  C.  HICKS  

W.  A.  HOCKER  

S.  E.  HOPE  

J.  H.  HUMPHRIES  

W.  T.  HUNTER  

W.  M.  IVES....----  

J.  B.  JOHNSTON  

W.  S.  JONES..  

J.  M.  LANDRUM  

J.  T.  LESLEY  

C.  W.  LEWIS  

E.  C.  LOVE  

E.  J.  LUTTERLOH...... 

JOHN  W.  MALONE  

AUSTIN  S.  MANN  

J.  P.  MARSHALL  

A.  E.  MAXWELL  

H.  E.  MILLER  

WM.  H.  MILTON  

J.  W.  MITCHELL  

R.  A.  MONSALVATGE. , 

J.  P.  MORGAN  

A.  L.  McCASKILL.  

J.  F.  McCLELLAN  

A.  D.  McKINNON  

JOHN  NEEL  

E.  L.  ODOM  

B.  F.  OLIVEROS  

W.T.  ORMAN  

H.  L.  PARKER  

R.  C.  PARKHILL  

JOHN  PARSONS....... 

ANGUS  PATERSON  

JOHN  C.  PELOT  

S.  PETTY  

E.  M.  RANDALL.  ....... 

THEODORE  RANDELL, 

WM.  B.  RANDOLPH  

J.  C.  RICHARD  


POST-OFFICE. 


COUNTY. 


Jacksonville  . . 

Palatka  

Tyner  

Ocala  

Jacksonville.. . 

Sterling  

Crawfordville.. 
Hatch  Bend. . 

Madison  

Dade  City  

Shady  Grove. . 
Darby  ville. . . . 
Apalachicola. . 

Leesburg  

Anclote  

Bartow  

Darbyville. . . . 

Lake  City  

Waldo  

Lloyds  

Milton  

Tampa  ■. . 

Fernandina  

Quincy  

Cedar  Key. . . 

Quincy  

Crystal  River. . 
Cedar  Key. . . , 

Pensacola  

Ocala  

Marianna. . . . . 
Tallahassee. . . 

Key  West  

Houstoiin  

Argyle  

Marianna  

Vernon  

Westvilie  .  . . . 
Providence — 
St.  Augustine, 
Apalachicola. . 

St.  Lucie  

Monticello  

Bay  Port  

Madison  

Manatee  , 

Fernandina. . . 
Jacksonville.. . 

Madison  

Orlando.  

Starke  


Duval  

Putnam  

Hamilton. . . . 

Marion  

Duval  

Holmes  

Wakulla  

Lafayette  

Madison  

Hernando  

Taylor  

Baker  

Franklin  . . . . 

Sumter  

Hillsborough. 

Polk  

Baker  

Columbia  . 

Alachua  .... 

Jefferson  

Santa  Rosa. . , 
Hillsborough. 

Nassau  

Gadsden. .  . . , 

Levy  

Gadsden  

Hernando. . . . 

Levy  

Escambia.  . . , 

Marion  

Jackson  

Leon  , 

Monroe.  . . . . . 

Suwannee.. . . 

Walton  , 

Jackson  

Washington. , 

Holmes  , 

Bradford  

St.  Johns  

Franklin  

Brevard  

Jefferson  

Hernando  

Madison  

Manatee  

Nassau  

Duval  

Madison  

Orange  

Bradford  


631 


POST-OFFICE.  i  COUNTY. 


R.  R  ROBERTSON. 

R.F.  ROGERS  

HAXNIBAL  ROWE 


^hlUm.  Santa  Rosa... 

Litile  River  Suwannee..  .  . 

yh]\on   Sauia  R^sa... 

E.  C.  F.  SANCHEZ  ^Gainesville  Alachua 

N.  T.  SCOTT  I  Concord  G.dsden. * ". 

W.  K  SHE  ATS  iGainesville  ;  Alachua 

J.  G.  SPEER  jOaklaud  Orano-e 

J.  B.  STONE  j  Wewahitchka  ' Calholin 

T.  F.  SWEARINGEN  ICrawfordville  iWaukulia"" 

R.  F.  TAYLOR   Gainesville   Alachua 

W.  B.  TEDDER  ^Shadv  Grove  Tavlor 

WM.  F.   THOMPSON"  Tallahassee  .Leon 

J  AS.   M.  TOLBERT  Ellisville  'Columbia 

JOHN  W.  TO.MPKINS  ;Lake  City  Columbia.  .. 

S.  J.  TURNBULL  iMonticello  Jefferson 

B.  D.  WADSWORTH   iMadison  Madison 

D.  S.  WALKER,  Jn  | Tallahassee  iLeon  

J.  P.  WALL  Tampa  IHillsborouffh. 

PHILLIP  WALTER  Jacksonville  iDuval  . 

W.  T.  WEEKS  IProvidence  iBradford. .  . . 

A.  L.  WELLMAN  iDeLand  I  Volusia  . 

JOHN  WESTCOTT  ISt.  Augustine  jSt.  Johns. . 

E.  WHITMIRE  iFerry  Pass  lE^cambia.  . . 

LEWIS  WILSON  i  Wilderness  Iclay  

CHAS.  C.  WILSON  |Fort  Meade  iPulk  

KING  WYLLY  San  ford  !  Orange.  . . 

JAS.  E.  YONGE  |Pensacola  |Escambia.  .. 

ALEX.  ZIPPERER  IHamiltou  \  Hamilton 


OFFICERS  AND  ATTACHES, 


NAME.  POST-OFFICE. 

W.  H.  REYNOLDS,  Secretary  Lakeland,  Polk  county 

D.  M.  McALPIN,  First  xissistani  Secretar}'.  .Live  Oak,  Suwannee  county 

G.  A.  K.  STEVENS,  Reading  Clerk  Bartow,  Polk  county 

J.  C.  CLARKE,  Recording  Clerk  Starke.  Bradford  county 

MILTON  J.  BRYAN,  Engrossing  Clerk  Jasper,  Hamilton  county 

J.  J.  THOMPSON,  Sergeaut-at-Arms  Gainesville,  Alachua  county 

W.  J.  CALLAWAY,  Assist.  Sergeant-at-Arms,  Marianna,  Jackson  county 

REV.  A.  C.  McCANTS,  Chaplain  Tallahassee,  Leon  county 

GEORGE  DICE.  :\lesseuger  Madison,  Madison  county 

WILLIS  M.  MYERS.  Me>senger  Gainesville,  Abichua  county 

GLOVER  MILLER,  Page  Ocala,  Marion  county 

CHARLES  HOPKINS,  Pase   Tallahassee,  Leon  county 

EUGENE  HAWKINS,  Fuse  Marianna,  Jackson  counly 

W.  J.  JOHNSTON,  Page..^  Waldo,  Alachua  county 

H.  W.  FOWLER,  Page  Palatka,  Pumam  county 

G.'  W.  HINSEY,  Door-Keepei'.  Apalachicola,  Fraidvlin  counly 

JESSE  DENNIS,  Janitor  Tallahassee,  Leon  county 


/I 


Florida.  Constitutional  con- 

vention,  1885. 
Journ8l  of  the  proceedings. 


IJ  07774 


1885 


ISSUED  TO 


i 


